Common use of Late Charges Clause in Contracts

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Minimum Rent and other sums scheduled Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other sum Rent due from Tenant shall not be received by Landlord or Landlord’s designee (a) within five (5) days after receipt of notice that such amount shall be duehas not been paid when due (if notice is required pursuant to Section 21(b)) or (b) within ten (10) days of when due (if no notice is required), then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amountthe installment or $500, whatever is greater, plus any attorney fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by of Tenant. Acceptance of such late charge be charges by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by TenantXxxxxx. Acceptance of such late charge be charges by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount; provided, however, the foregoing late charge shall not be applicable to the first (1st) instance of late payment of Rent by Tenant until three (3) business days after written notice to Tenant of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the event that first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments fee of Base Rent, then notwithstanding Paragraph 4.1 or any other provision $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of this Lease to the contrary, Base Rent shall, at costs Landlord will incur by reason of Landlord’s option, become due and payable quarterly in advanceinability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent five (105%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that If a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph 4 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment installments of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) percent of such overdue amount), plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges by the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.X.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Leased Premises. Accordingly, if any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base RentRent in any twelve (12) month period, then notwithstanding Paragraph 4.1 Rent shall automatically become payable thereafter by (a) cashier’s check, (b) cash, or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance(c) certified money order.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or other of a sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days after such said amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges by the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease foregoing to the contrary, Base Landlord agrees to provide telephonic notice (but no more than once during any calendar year) to the C.F.O. of Tenant of any default in timely payment of Rent shall, at Landlord’s option, become due and payable quarterly in advancetwo (2) business days to cure such default before imposing this late charge.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and any other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, the mortgage or deed of trust covering the Leased Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 6% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In , in the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contraryLease, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and the Monthly Base Rent, Tenant's share of Operating Expenses or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProject. Accordingly, if any installment of rent the Monthly Base Rent, Operating Expenses, or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, ,Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. Landlord shall hereby grant Tenant one (1) free mistake in any twelve (12) month period whereby no late charge shall be assessed on the overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) business days after such amount shall be dueof when due more than once in any twelve month period, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten six percent (106%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Base Rent, Additional Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after such amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall immediately pay to Landlord a late charge equal to ten percent (10%) of such overdue amountamount or the sum of One Hundred and No/100 Dollars ($100.00), whichever is greater. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by TenantTenant and is in addition to interest due under Section 25.4. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Base Rent, Additional Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such said amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall will immediately pay to Landlord a late charge equal to ten percent (10%) of such overdue amountamount or the sum of One Hundred Dollars ($100.00), whichever is greater, provided, however, that such late change will only be applied upon the second occurrence during the term of the Lease (as extended). The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant, and is in addition to Interest on Past Due Obligations. Acceptance of such late charge be by Landlord shall will in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of under this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceLease.

Late Charges. Tenant hereby acknowledges that in addition to lost interest, the late payment by Tenant to Landlord of rent and or any other sums due hereunder will cause Landlord to incur other costs not contemplated by in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Such other costs include, but are not limited toto processing, processing administrative and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premisescosts. Accordingly, if any installment of rent or any additional rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, due (without regard to any requirement for notice grace period prior to Tenantdefault granted in this Lease), Tenant shall pay to Landlord as additional rent hereunder a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that (i) such late charge represents a fair and reasonable estimate of the costs Landlord will incur in processing such past-due payment by reason Tenant, (ii) such late charge shall be paid to Landlord as liquidated damages for each delinquent payment, and (iii) the payment of the late charge is to compensate Landlord for the additional administrative expense incurred by Landlord in handling and processing delinquent payments. Notwithstanding the above, no late charge or interest on past due amounts will be charged if there have been fewer than two (2) incidences of late payment by Tenant. Acceptance within the last twelve (12) months and not more than five (5) incidences of such late charge be Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any payments since the beginning of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advancelease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 10 days after such amount shall be due, then, without any requirement for notice to TenantTenant (except as set forth below), Tenant shall pay to Landlord a late charge equal to ten percent the lesser of (10%1) 5% of such overdue amountamount and (ii) the maximum amount permitted by Applicable Requirements. Notwithstanding the foregoing, with respect to the first two (2) late payments in any calendar year only, Tenant shall not be required to pay any late charge until ten (10) days after Landlord has delivered Tenant written notice of such late payment. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant’s Rent and all Additional Rent is due on or before the First Day of each Month. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertain. Such costs include, but are not limited towithout limitation, processing processing, administration and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if If any installment of rent or other sum any item of Rent due from Tenant shall is not be received by Landlord on or Landlord’s designee within five (5) days after such amount shall be before the 10th day of the month due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to Landlord, as Additional Rent, (a) ten percent (10%) of such the overdue amountRent, as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that the Landlord will incur by reason of late payment by Tenant. Acceptance of such any late charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach default with respect to such the overdue amountamounts, nor prevent the Landlord from exercising any of the other rights and remedies granted available to Landlord hereunder. In the event that The payment of a late charge is shall be in addition to any interest payable hereunderby Tenant under Section 8. In addition to the charges provided for above, whether or not collected, Tenant shall pay a charge of $45.00 to Landlord for each check returned for insufficient funds and 5125.00 for each “three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 day pay or any other provision of this Lease quit” notice sent to the contrary, Base Rent shall, at Tenant by Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Minimum Rent and other sums scheduled Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Demised Premises. Accordingly, if any installment of rent or other sum Rent due from Tenant shall not be received by Landlord or Landlord’s designee (a) within five (5) days after receipt of notice that such amount shall be duehas not been paid when due (if notice is required pursuant to Section 21(b)) or (b) within ten (10) days of when due (if no notice is required), then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amountthe installment or $500, whatever is greater, plus any attorney fees incurred by Landlord by reason of Tenant’s failure to pay Rent when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by of Tenant. Acceptance of such late charge be charges by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant’s Rent and all Additional Rent is due on or before the First Day of each Month. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impractical to ascertain. Such costs include, but are not limited towithout limitation, processing processing, administration and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if If any installment of rent or other sum any item of Rent due from Tenant shall is not be received by Landlord on or Landlord’s designee within five (5) days after such amount shall be before the 10th day of the month due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to Landlord, as Additional Rent, (a) ten percent (10%) of such the overdue amountRent, as a late charge. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that the Landlord will incur by reason of late payment by TenantXxxxxx. Acceptance of such any late charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such the overdue amountamounts, nor prevent the Landlord from exercising any of the other rights and remedies granted available to Landlord hereunder. In the event that The payment of a late charge is shall be in addition to any interest payable hereunderby Tenant under Section 8. In addition to the charges provided for above, whether or not collected, Tenant shall pay a charge of $45.00 to Landlord for each check returned for insufficient funds and $125.00 for each "three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 day pay or any other provision of this Lease quit" notice sent to the contrary, Base Rent shall, at Tenant by Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if If any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee when due, unless such failure is cured within five (5) business days after such amount receipt of notice from Landlord provided, however, Landlord shall not be required to give written notice more than two times in any twelve month period (after which the late charge shall be duedue without the requirement of notice if Tenant fails to make such payments on or before the due date), then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such the overdue amount. The parties hereby agree that such late charge represents a fair shall be deemed Additional Rent and reasonable estimate the right to require it shall be in addition to all of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the Landlord's other rights and remedies granted hereunderhereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. In addition to the event that a late charge is payable hereunderdescribed above, whether any Rent or other amounts owing hereunder which are not collected, paid within five (5) business days following the due date for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any within five (5) business days following written notice that such amount was not paid when due for Additional Rent and other provision of sums which may become due under this Lease shall bear interest from the date when due until paid at an annual interest rate equal to the contraryPrime Rate (as stated under the column "Money Rates" in THE WALL STREET JOURNAL) plus four percent (4%); provided, Base Rent shallhowever, at Landlord’s option, become due and payable quarterly in advanceno event shall such annual interest rate exceed the highest annual interest rate permitted by Applicable Law.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such an overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base RentRent in any twelve (12) month period, then notwithstanding Paragraph 4.1 rent shall automatically become payable thereafter by (a) cashier's check, (b) cash, or (c) certified money order. In addition, Landlord reserves the right to increase the percentage or amount (as applicable) assessed as a late charge on any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advancefuture overdue amounts.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, collected for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph Section 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee designated agent within five (5) days after such amount shall be due, then, without any requirement for notice to Tenantis due and owing, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amountunpaid amount each time a late charge is payable during the Lease Term. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4.01 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any amount owed to Landlord of rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage encumbrance or deed of trust note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of rent Rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be when past due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal Landlord, as liquidated damages for Tenant’s failure to make such timely payment, an additional sum of ten percent (10%) of the overdue Rent or other payment per month as a late charge. Notwithstanding the foregoing, not more than two (2) times in each twelve (12) month period (but not more than five (5) times during the entire Term of the Lease), Landlord shall deliver to Tenant written notice that such overdue amountamount is past due and owing, in which event such late fee shall not be due and owing unless such late amount is not paid within three (3) business days of the date of such written notice. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of such any late payment charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of available to Landlord under this Lease to the contrary, Base Rent shallLease, at Landlord’s optionlaw or in equity, become due and payable quarterly in advanceincluding, but not limited to, the Interest Rate imposed pursuant to Section 22.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will may cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee 's agent within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event that a foregoing, the late charge fee shall not be charged for the first late payment in any Lease term period as long as such payment is payable hereunder, whether or not collected, made within fifteen (15) days after written notice) but shall be charged for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceall late payments thereafter.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the PremisesShopping Center. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord Landlord, or Landlord’s designee 's agent, within five (5) days after such amount shall be duethe due date set forth herein, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to in the amount of ten percent (10%) percent of such overdue amount, plus any attorney's fees and/or costs incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges when due. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges of the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant Any Rent or other amounts payable to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by under this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are if not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord paid by the terms fifth (5th) day of any ground leasethe month with respect to Base Rental and Additional Rental, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount the due date specified on any invoice from Landlord for any other amounts payable hereunder, shall be due, then, without any requirement for upon delivery of written notice to TenantTenant (“Delinquency Notice”), Tenant shall pay to Landlord incur a late charge equal to of ten percent (10%) of the overdue amount (the “Late Charge”) for Landlord’s administrative expense in processing such overdue amountdelinquent payment and in addition thereto shall bear interest at the Interest Rate from and after the due date for such payment; provided, however, that Tenant shall only be entitled to receipt of a Delinquency Notice for the first late payment in any twelve (12) month period and thereafter Late Charges and interest at the Interest Rate shall be assessed automatically from and after the due dates set forth above. The parties hereby agree Tenant agrees that such late charge this Late Charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of Tenant’s late payment by Tenantpayment. Acceptance of such late charge be Landlord Accepting any Late Charge shall in no event not constitute a waiver by Landlord of Tenant’s Default or Breach default with respect to such any overdue amount, amount nor prevent Landlord from exercising any of the other rights and or remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease available to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProperty. Accordingly, if any installment of rent Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten four percent (104%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant’s Share of Operating Expense increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProject. Accordingly, if any installment of rent Base Rent, Tenant’s Share of Operating Expense increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after of when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten six percent (106%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s 's Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s 's option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be Landlord shall in no event constitute a waiver of Tenant’s 's Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s 's option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any sum owed to Landlord of rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount amounts of which will be are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage obligation or deed of trust note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) business days after such amount shall be from when due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge an additional sum equal to ten five percent (105%) of such the overdue amountrent or other payment as a late charge. Late charges shall be deemed Additional Rent. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative and other costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of such any late payment charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of available to Landlord under this Lease to the contrary, Base Rent shallLease, at Landlord’s optionlaw or in equity, become due and payable quarterly in advanceincluding, but not limited to, the interest charge imposed pursuant to Paragraph 22.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this LeaseSublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten three and three quarters percent (103.75%) of such overdue amountamount each and every month (or any portion thereof) until said late payment is paid in full. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Yearly Rent, Tenant's Proportionate Share of Operating Costs and Taxes, after hours additional heat, cleaning or air conditioning service charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesBuilding. Accordingly, if any installment of rent Yearly Rent, Tenant's Proportionate Share of Operating Costs and Taxes, after hours additional heat, cleaning or air conditioning service charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge for each thirty (30) day period until paid in full equal to ten the greater of (i) four percent (104%) of such overdue amountamount or (ii) $300.00. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under Article 21.6.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges charges, which may be imposed upon on Landlord by the terms of any ground leasecontract, revolving credit, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent three (103%) percent of such overdue amountamount which shall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that any late payment by Tenant to Landlord of rent and other sums due hereunder Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be is extremely difficult to ascertain. Such costs include, include but are not limited to: administrative, processing and accounting chargesprocessing, accounting, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall Rent is not be received by Landlord or Landlord’s its designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenantthe due date therefor, Tenant shall pay to Landlord a late charge equal to ten three percent (103%) of the amount due. Notwithstanding the foregoing, Xxxxxxxx agrees to waive such late charge on the first occasion of such late payment during any consecutive twelve (12) calendar month period provided that such overdue amountamount is paid in full by check or electronic funds transfer within five (5) business days after Xxxxxx’s receipt of notice from Landlord that such payment is past due. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance by Landlord of such late charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this LeaseSublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee within five three (53) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorney fees incurred by Landlord by reason of Tenant’s failure to payrent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges by the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and rent, of additional rent, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent rent, additional rent, or any other sum sums due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) calendar days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten two percent (102%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Tenant, then the rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph (3) or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, due then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs casts Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Section 4 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impractical to ascertainfix. Such costs include, but are not limited to, processing and accounting charges, and late charges charges, which may be imposed upon imposed, on Landlord by the terms of any ground lease, mortgage or deed of trust encumbrance and note secured by any encumbrance covering the Premises. Accordingly, if any installment of rent or any other sum due clue from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be dueof due date, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge as additional rent an additional sum equal to ten percent (10%) percent of such overdue amount or thirty-five ($35.00) dollars which ever is greater as a late charge. Such sum shall be payable to Landlord together with Tenant's next rental installment after notice is received from Landlord of late charge amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease available to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that the late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such , such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesBuilding. Accordingly, if any installment of rent or of any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be dueof the due date, then, without any requirement for after such notice of delinquency to TenantTenant and after the passage of ten (10) days in which Tenant may cure such delinquency, said notice and cure not to exceed one time per calendar year, Tenant shall pay to Landlord a late charge equal to ten percent Five Percent (105%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach Tenants default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any sum owed to Landlord of rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount amounts of which will be are extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage obligation or deed of trust note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) business days after such amount shall be from when due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge an additional sum equal to ten percent (10%) of such the overdue amountrent or other payment as a late charge. Late charges shall be deemed Additional Rent. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the administrative and other costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of such any late payment charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of available to Landlord under this Lease to the contrary, Base Rent shallLease, at Landlord’s optionlaw or in equity, become due and payable quarterly in advanceincluding, but not limited to, the interest charge imposed pursuant to Paragraph 22.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment payments by TenantXxxxxx. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Xxxxxx's Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In Following each second consecutive installment of Rent that is not paid within five (5) days of the event date when due, Landlord shall have the option (i) to require that a late charge is beginning with the first payment of Rent next due, Rent shall no longer be paid in monthly installments but shall be payable hereunder, whether or not collected, for quarterly three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly months in advance; and/or (ii) to require that Tenant increase the amount of the Security Deposit by one hundred percent (100%).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant's Share of Operating Expense Increase or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesBuilding. Accordingly, if any installment of rent Base Rent, Operating Expense Increase, or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten three percent (103%) of such overdue amount, but not to exceed the maximum late charge permitted by law in the jurisdiction where the Building is located. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant's Share of Operating Expense Increase or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, include but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesOffice Building Project. Accordingly, if any installment of rent Base Rent, Operating Expense Increase, or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten six percent (106%) of such overdue amount, but not to exceed the maximum late charge permitted by law in the jurisdiction where the Office Building Project is 1ocated. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Rent, Additional Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs includeIf any Rent, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Additional Rent or other sum due from Tenant shall is not be received by Landlord or Landlord’s designee 's designated agent within five ten (510) days after such amount shall be being due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and other charges when due hereunder. All unpaid Rent, Additional Rent or other sum due from Tenant to Landlord under this Lease shall bear interest from the tenth (10th) day after the due date thereof until paid, at the lesser of sixteen percent (16%) per annum or the maximum interest rate per annum allowed by law. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of Tenant's late payment by Tenantpayment. Acceptance Landlord's acceptance of such late charge be Landlord charges shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent amount or estop Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Base Rent, Tenant's Percentage Share of Operating Expenses and Taxes or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, charges and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage encumbrances or deed of trust notes secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of rent Base Rent or other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be when due, then, without any requirement for notice to Tenantwithin ten (10) days following the date said Base Rent or other sum is due, Tenant shall pay to Landlord a late charge Landlord, without additional invoice or demand, an additional sum equal to ten six percent (106%) of such overdue amount as a late charge; provided, however, if payments of Base Rent have been made to Landlord in a timely manner pursuant to automatic wire transfer then the late charge herein shall be an additional sum equal to five percent (5%) of the overdue amount. The parties hereby agree that such this late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of late payment by Tenant. Acceptance The accrual and/or acceptance of such any late charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such the overdue amount, nor prevent Landlord from exercising any of the Landlord's other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceremedies.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult difficult, if not impossible, to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such said amount shall be is past due, then, without any requirement for notice in addition to Tenantan other remedies provided herein, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amountamount (but in no event greater than the maximum amount permitted by law), plus, in either event, all attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant, and that it does not constitute a forfeiture or penalty. Acceptance of such late charge be charges by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shallLandlord may, at Landlord’s its option, become due and payable quarterly in advancededuct all late charges from the Security Deposit.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant's Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProject. Accordingly, if any installment of rent Base Rent, Tenant's Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten six percent (106%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such These costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum sums due from Tenant shall not be received by Landlord or Landlord’s designee 's agent within five (5) days after such the amount shall be due, then, then without any requirement for of notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten of Seventy-Five Dollars ($75) plus one percent (101%) of such overdue amountper month interest on the delinquencies from the date due until payment. The parties hereby agree that such this late charge plus interest represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such the late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such the overdue amount, nor prevent Landlord from exercising any of the other rights and or remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of to Landlord under this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceLease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProject. Accordingly, if any installment of rent Base Rent, Tenant’s Share of Operating Expense increases, Tenant’s Share of Real Property Tax increases, parking charges, after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after of when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten six percent (106%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under Section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant Tenant's failure to Landlord of pay rent and other sums due hereunder will promptly may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of which will be such costs are impractical or extremely difficult to ascertain. Such costs may include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProperty. AccordinglyTherefore, if Landlord does not receive any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee payment within five (5) days after such amount shall be due, then, without any requirement for Landlord's written notice to TenantTenant that such rent payment is due, Tenant shall immediately pay to Landlord a late charge equal to ten percent (10%) of the overdue amount. After Landlord has given to Tenant at any time during this Lease term two (2) written notices that rent payments are past due, Landlord shall no longer have to give Tenant such written notice under the immediately preceding sentence, and thereafter if Landlord does not receive any rent payment within five (5) days after such rent payment becomes due, Tenant shall immediately pay Landlord a late charge equal to ten percent (10%) of the overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of such late payment by Tenantpayment. Acceptance of If such late charge is not paid when due hereunder, such failure shall be deemed a default by Tenant, and Tenant shall (in addition to Landlord's other remedies) pay to Landlord shall interest (at the rate specified in no event constitute a waiver of Tenant’s Default or Breach with respect to Section 4.6, but not greater than the maximum rate permitted by law on such overdue amount, nor prevent Landlord late charge) on such late charge from exercising any of the other rights and remedies granted hereunder. In the event that a date such late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at be paid to Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the Premises. Accordingly, if any installment of rent Base Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten five percent (105%) of such overdue amount; provided, however, that Landlord shall waive the late charge one (1) time during each calendar year of the term of this Lease if Tenant pays all overdue sums within five (5) days after receipt of written notice by Landlord to Tenant advising Tenant that such payment is overdue. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In , including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under section 16.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant Tenant's failure to Landlord of rent and other sums due hereunder will pay Rent promptly may cause Landlord to incur costs not contemplated by this Lease, the unanticipated costs. The exact amount of which will be such costs are impracticable or extremely difficult to ascertain. Such costs may include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the Premises. AccordinglyTherefore, if Landlord does not receive any installment of rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee Rent payment within five (5) days after such amount shall be it becomes due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten five percent (10%) of such the overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be payment. Notwithstanding the foregoing, if Tenant fails to make a Rent payment on time, but Tenant has timely paid all Rent during the 12-month period immediately preceding the date the delinquent Rent payment was due, Landlord shall give Tenant a written notice of delinquency and five-day grace period following such notice in which to pay the delinquent Rent, and if Tenant pays the entire delinquent Rent within the grace period, no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of shall be imposed thereon pursuant to this Lease to the contrary, Base Rent shall, at Landlord’s option, become due Section 3.5 and payable quarterly in advanceno interest shall accrue thereon under Section 3.6.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to ------------ Landlord of rent and Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of If any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Rent or other sum sums due from Tenant shall is not be received by Landlord or Landlord’s designee 's designated agent within five ten (510) days after such amount shall be dueits due date, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten the maximum amount permitted by law (and in the absence of any governing law, [*]percent (10[*]%) of such overdue amount), plus reasonable attorneys' fees incurred by Landlord due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of Tenant's late payment by Tenantpayment. Acceptance Landlord's acceptance of such late charge be Landlord charges shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent amount or stop Landlord from exercising any of the other rights and remedies granted hereunder. In Notwithstanding the event that a foregoing, Landlord agrees to waive the imposition of such late charge on the first (1st) two (2) occasions in any twelve (12) month period, provided each overdue payment is payable hereunder, whether or made within five (5) days after Landlord gives Tenant written notice that payment was not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advancemade when due.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five six (56) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s 's Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the event that first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments fee of Base Rent, then notwithstanding Paragraph 4.1 or any other provision $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of this Lease the costs Landlord will incur by reason of Landlord's inability to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advancenegotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days after such amount shall be due, due then, without any requirement for notice to TenantTenant (notwithstanding Section 14.1(b)), Tenant shall pay to Landlord a late charge equal to ten four (4) percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then at Landlord's option Base Rent shall become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Article IV or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Estate Tax increases, Tenant Electricity Cost, parking charges (if any), after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProject. Accordingly, if any installment of rent Base Rent, Tenant's Share of Operating Expense increases, parking charges (if any), after hours HVAC charges or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten six percent (106%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In hereunder including the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments assessment of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceinterest under section 13.5.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesProperty. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount$3,000.00. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In The parties agree that the event payment of late charges and the payment of interest as provided elsewhere herein are distinct and separate from one another in that a the payment of interest is to compensate Landlord for the use of Landlord's money by Tenant and the payment of late charge charges is payable hereunder, whether or not collected, to compensate Landlord for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any administrative and other provision of this Lease to the contrary, Base Rent shall, at expenses incurred by Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Base Rent, Additional Rent or any other sum due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such said amount shall be is due, then, without any requirement for notice to Tenant, then Tenant shall will immediately pay to Landlord a late charge equal to ten percent (10%) of such overdue amountamount or the sum of One Hundred Dollars ($100.00), whichever is greater provided, however, such late charge will only be applied upon the second occurrence during the Term of the Lease (as extended). The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant, and is in addition to Interest on Past Due Obligations. Acceptance of such late charge be by Landlord shall will in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor or prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of under this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceLease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum sun due from Tenant shall not be received by Landlord or Landlord’s 's designee within withiu five (5) )* days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.*business

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and rent, of additional rent, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent rent, additional rent, or any other sum sums due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) calendar days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten fifteen percent (1015%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentany of the aforesaid monetary obligations of Tenant, then the rent shall automatically be due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 paragraph (3) or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums Base Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be is extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. AccordinglyTherefore, if any installment payment of rent Base Rent or other sum due from Tenant shall Additional Rent is not be received by Landlord or Landlord’s designee paid within five (5) days after such amount shall be the date due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of the amount due or Two Hundred Fifty Dollars ($250.00), whichever is greater; provided that upon the first such failure in any Lease Year such late charge shall not accrue until five (5) days after Tenant’s receipt of notice that the overdue amountpayment was not received when due and a statement that a late charge will be due five (5) days from the delivery of such notice if the overdue amount is not paid. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. Acceptance of such The late charge shall be Landlord deemed Additional Rent and the right to require it shall be in no event constitute a waiver addition to all of TenantLandlord’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether hereunder or at law and shall not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at be construed as limiting Landlord’s option, become due and payable quarterly remedies in advanceany manner.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the PremisesBuilding. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after such amount shall be by the fifth day of the month then it is considered past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorney’s fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges by the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby hereby, acknowledges that late payment by Tenant to Landlord of rent and other sums Base Rent or Additional Rent due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms term of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Base Rent or other sum Additional Rent due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten of five percent (105%) of such overdue amount, and interest shall accrue on the overdue installment at the Interest Rate calculated from the time that payment was first due under the terms of this Lease. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, to processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premisesany Property. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after when such amount shall be duedue (subject to any applicable grace period or notice requirement herein contained), then, without any requirement for additional notice to Tenant, Tenant shall pay pay, to Landlord a late charge Late Charge equal to ten four percent (10%) of such overdue amount. The parties hereby agree that such late charge Late Charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be Late Charge by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In ; provided, however, that payment in full of the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any Late Charge and all other provision of amounts required by this Lease to completely cure the contrarydefault, Base Rent shallif such payments are made timely within applicable cure periods set forth herein, at or are otherwise accepted in full by Landlord’s option, become due and payable quarterly in advancewill cure such default.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, Tenant's Percentage Share of Operating Expenses or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, charges and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering encumbering the PremisesProject. Accordingly, if any installment of rent Base Rent, Tenant's Percentage Share of Operating Expenses or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) days after when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a late charge equal to ten percent (10%) of such overdue amount[*]. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder, including the assessment of interest under Section 17.5. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease Notwithstanding anything to the contrarycontrary contained herein, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceTenant shall be entitled to notice [*].

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder, provided that, Landlord will not impose any late fee upon the first late payment of Rent, if any, during each 12 month period following the Commencement Date unless Tenant fails to make the applicable payment within five (5) business days after written notice of such delinquency is given by Landlord. In addition, should Landlord be unable to negotiate any payment made by Tenant on the event that first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments fee of Base Rent, then notwithstanding Paragraph 4.1 or any other provision $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of this Lease to the contrary, Base Rent shall, at costs Landlord will incur by reason of Landlord’s option, become due and payable quarterly in advanceinability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment ------------ by Tenant to Landlord of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) business days after such amount shall be due, due then, without any requirement for notice to TenantTenant (notwithstanding Section 14.1(b)), Tenant shall pay to Landlord a late charge equal to ten four (4) percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then at Landlord's option Base Rent shall become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 Article IV or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the PremisesShopping Center. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord Landlord, or Landlord’s designee 's agent, within five (5) days after such amount shall be duethe due date set forth herein, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to in the amount of ten (100/o) percent (10%) of such overdue amount, plus any attomey's fees and/or costs incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges when due. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charge be charges of the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord landlord or Landlord’s designee within five ten (510) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to the maximum amount permitted by law (and in the absence of any governing law, ten percent (10%) of such overdue amount), plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs cost that Landlord will incur by reason of the late payment by TenantXxxxxx. Acceptance of such late charge be charges by the Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant of any amount owed to Landlord of rent and other sums due hereunder under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such costs being extremely difficult and impracticable to ascertainfix. Such costs include, but are not limited towithout limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges which that may be imposed upon on Landlord by the terms of any ground lease, mortgage encumbrance or deed of trust note secured by any encumbrance covering the Premises. AccordinglyTherefore, if any installment of rent Rent or other sum payment due from Tenant shall is not be received by Landlord or Landlord’s designee within five (5) days after such amount written notice that the same is due (or, if Tenant shall be failed to pay rent when due more than twice in any calendar year, if such amounts are not received by landlord on the date due, then, without any requirement for notice to Tenant), Tenant shall pay to Landlord a late charge equal Landlord, as liquidated damages for Tenant's failure to ten make such timely payment, an additional sum of five percent (105%) of such the overdue amountRent or other payment per month as a late charge. The parties hereby agree that such the late charge represents a fair and reasonable estimate of the administrative costs that Landlord will incur by reason of a late payment by Tenant. Acceptance of such any late payment charge be Landlord shall in no event not constitute a waiver of Tenant’s Default or Breach 's default with respect to such the overdue amountpayment, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of available to Landlord under this Lease to the contrary, Base Rent shallLease, at Landlord’s optionlaw or in equity, become due and payable quarterly in advanceincluding, but not limited to, charging the Interest Rate imposed pursuant to Section 20.2.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent Rent or other sum due from Tenant shall not be received by Landlord or Landlord’s designee within five (5) 4 days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten percent (10%) 5% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition, should Landlord be unable to negotiate any payment made by Tenant on the event that first attempt by Landlord and without any notice to Tenant, Tenant shall pay to Landlord a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments fee of Base Rent, then notwithstanding Paragraph 4.1 or any other provision $50.00 per item which the parties hereby agree represents a fair and reasonable estimate of this Lease to the contrary, Base Rent shall, at costs Landlord will incur by reason of Landlord’s option, become due and payable quarterly in advanceinability to negotiate such item(s).

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, operational expenses or other sums monies that come due hereunder from time to time will cause Landlord to incur costs not contemplated by this Lease, the lease. The exact amount of which said costs will be extremely difficult to ascertain. Such costs include, but are not limited to, would include processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or deed of trust ground lease covering the Premisesthis Project. Accordingly, if any installment of rent Base Rent, Additional Rent or other sum operating expenses due from Tenant shall not be received by Landlord or Landlord’s his designee within five TEN (510) days DAYS after such amount shall be due, then, then without any requirement for further notice to Tenant, or demand Tenant shall pay to Landlord a late charge equal to ten percent of Ten Percent (10%) of such overdue amount. The Both parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. All payments received by Landlord (including credits) will be applied to the oldest accrued charge(s) first. Acceptance of such a late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunderhe may have under this Lease. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance./// ///

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of or rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and administrative, processing, accounting charges, and late charges charges, which may be imposed upon on Landlord by the terms of any ground leasecontract, revolving credit, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten three percent (103%) of such overdue amountamount which shall be due and payable with the payment then delinquent. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rentrent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other any sum due from Tenant shall not be received by Landlord or Landlord’s designee within five ten (510) days after such written notice that said amount shall be is past due, then, without any requirement for notice to Tenant, then Tenant shall pay to Landlord a late charge equal to ten the maximum amount permitted by law (and in the absence of any governing law, five percent (105%) of such overdue amount), plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay rent and/or other charges when due hereunder. The parties Parties hereby agree that such late charge represents charges represent a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by TenantXxxxxx. Acceptance of such late charge be charges by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and Base Rent, operational expenses or other sums monies that come due hereunder from time to time will cause Landlord to incur costs not contemplated by this Lease, the lease. The exact amount of which said costs will be extremely difficult to ascertain. Such costs include, but are not limited to, would include processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or deed of trust ground lease covering the Premisesthis Project. Accordingly, if any installment of rent Base Rent, Additional Rent or other sum operating expenses due from Tenant shall not be received by Landlord or Landlord’s his designee within five TEN (510) days DAYS after such amount shall be due, then, then without any requirement for further notice to Tenant, or demand Tenant shall pay to Landlord a late charge equal to ten percent of Ten Percent (10%) of such overdue amount. The Both parties hereby agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of the late payment by Tenant. All payments received by Landlord (including credits) will be applied to the oldest accrued charge(s) first. Acceptance of such a late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of he may have under this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advanceLease.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s 's designee within five (5) days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to ten five percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late sucx xxxe charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach 's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, . processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant Rent shall not be received by Landlord or Landlord’s designee within five ten (510) days after such amount shall be due, then, without any requirement for notice to Tenantwhether or not Landlord has notified Tenant that the Rent payment is past due, Tenant shall pay to Landlord a late charge equal to ten percent (10%) of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a Landlord shall give Tenant notice of non-payment and five (5) days from such notice to cure any such non payment twice in any twelve (12) month period before assessing any late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advancefees and/or default interest.

Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon on Landlord by the terms of any ground lease, mortgage or trust deed of trust covering the Premises. Accordingly, if any installment of rent Rent or any other sum due from Tenant shall not be received by Landlord or Landlord’s designee designated agent within five (5) days after such amount shall be due, then, without any requirement for notice to Tenantis due and owing, Tenant shall pay to Landlord a late charge equal to ten five percent (105%) of the amount which is past due. Notwithstanding the above, once every twelve (12) months during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Rent from Landlord, and Tenant shall not be liable for any late charge, interest or other late fee hereunder if such overdue amountRent is received by Landlord within three (3) business days after Tenant’s receipt of such written notice from Landlord. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge be by Landlord shall in no event constitute a waiver of Tenant’s Default or Breach default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.