Common use of Late Payments Clause in Contracts

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of (i) five percent (5%) of the amount overdue that delinquent payment or Two (ii) One Hundred Fifty Dollars ($250.00) for each delinquent payment100.00). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five ten (510) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided, however, that such late charge shall be waived by Landlord for the first three (3) late payments only during the Term of this Lease of Base Rent and/or Operating Expenses. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) business days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum per annum rate of ten percent (10%) not to exceed the rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided, however, that Landlord shall waive such late fee in connection with the initial late payment by Tenant. Acceptance of a late charge alone by Landlord shall not constitute a waiver of Tenant's default ’s Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check or wire transfer. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five ten (510) days of the date when due shall bear interest at the “maximum rate permitted by law law” from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. The parties agree that, as used herein and in Section 14.4, the “maximum rate allowed by law” shall mean the federal discount rate, as announced by the San Francisco Federal Reserve, plus five percent (5%). The initial late charge for any initial delinquent payment by Tenant shall be waived by Landlord. (b) Following each second consecutive installment of rent that is not paid within five ten (510) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months mouths in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent payment of Rent due under hereunder not paid when due shall bear interest for each month or fraction thereof from the due date until paid in full at the annual rate of twelve percent (12%), or at any applicable lesser maximum legally permissible rate for debts of this Lease that is nature (the “Default Rate”). Notwithstanding the foregoing, Landlord shall not charge such interest with respect to the first late payment in any twelve (12) month period so long as received by Landlord within five (5) business days of after the due date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordinglytherefor. (b) Additionally, if Tenant fails to make any rent due from Tenant shall not be received by Landlord or Landlord's designee payment within five (5) days after the due date duetherefor, then Landlord may charge Tenant a fee, which shall constitute liquidated damages, equal to One Thousand and NO/100 Dollars ($1,000.00) for each such late payment. Notwithstanding the foregoing, Landlord shall not charge such fee with respect to the first late payment in any twelve (12) month period so long as received by Landlord within five (5) business days after the due date therefor. (c) For each Tenant payment check to Landlord that is returned by a bank for any reason, Tenant shall pay to Landlord, in addition to the interest provided above, a late returned check charge in a sum equal to the greater of five percent amount as shall be customarily charged by Xxxxxxxx’s bank at the time. (5%d) Money paid by Tenant to Landlord shall be applied to Xxxxxx’s account in the following order: first, to any unpaid additional rent, including without limitation late charges, returned check charges, legal fees and/or court costs chargeable to Tenant hereunder; and then to unpaid Base Rent. (e) The parties agree that the late charge referenced in Section 5.4(b) represents a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) costs that Landlord will incur by reason of any late payment by Xxxxxx, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for each the use of Landlord’s money by Xxxxxx, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentpayments. Acceptance of a late charge by Landlord or interest shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it amount or prevent Landlord from exercising any of its the other rights and remediesremedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. (bf) Following each second consecutive installment of rent that is not paid within If Tenant during any six (6) month period shall be more than five (5) days following notice of nonpayment from Landlord, Landlord shall have delinquent in the option (i) to require that beginning with the first payment of rent next dueany regular monthly installment of Base Rent, rent shall no longer be paid in monthly installments but shall be payable quarterly Operating Costs or Taxes on three (3) months in advance and/or (ii) or more occasions, then, notwithstanding anything herein to the contrary, Landlord may, by written notice to Tenant, elect to require that Tenant increase the amount, if any, to pay all Base Rent and Additional Rent on account of the Security Deposit by one hundred percent (100%)Operating Costs and Taxes quarterly in advance. Should Tenant deliver Such right shall be in addition to Landlord, at and not in lieu of any time during the Term, two (2) other right or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid remedy available to Landlord by cashier's checkhereunder or at law on account of Xxxxxx’s default hereunder.

Late Payments. If any installment of Minimum Rent, Percentage Rent or Additional Charges (abut only as to those Additional Charges which are payable directly to Landlord) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or paid within ten (10) days after its due date, Tenant shall pay Landlord's designee , within five (5) days after the date dueLandlord’s written demand therefor, then Tenant shall pay to Landlord, in addition to the interest provided aboveas Additional Charges, a late charge in a sum equal (to the greater of five percent (5%extent permitted by law) of computed at the Default Rate on the amount overdue of such installment, from the due date of such installment to the date of payment thereof. To the extent that Tenant pays any Additional Charges directly to Landlord or Two Hundred Fifty Dollars any Mortgagee pursuant to any requirement of this Lease, Tenant shall be relieved of its obligation to pay such Additional Charges to the Entity to which they would otherwise be due and Landlord shall pay when due, or cause the applicable Mortgagee to pay when due, such Additional Charges to the Entity to which they are due. If any payment due from Landlord to Tenant shall not be paid within ten ($250.0010) for each delinquent payment. Acceptance of days after its due date, Landlord shall pay to Tenant, on demand, a late charge by Landlord shall not constitute a waiver of Tenant's default with respect (to the overdue amountextent permitted by law) computed at the Default Rate on the amount of such installment from the due date of such installment to the date of payment thereof. In the event of any failure by Tenant to pay any Additional Charges when due, nor unless contested pursuant to Article 8, Tenant shall it prevent Landlord from exercising any promptly pay and discharge, as Additional Charges, every fine, penalty, interest and cost which may be added for non-payment or late payment of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, such items. Landlord shall have all legal, equitable and contractual rights, powers and remedies provided either in this Lease or by statute or otherwise in the option (i) to require that beginning with the first case of non-payment of rent next due, rent shall no longer be paid the Additional Charges as in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, case of non-payment of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then Minimum Rent and thereafter due from Tenant be paid to Landlord by cashier's checkPercentage Rent.

Late Payments. (a) Any rent payment due to Landlord under this Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease whether or not designated as additional rent hereunder, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the lesser of 10% per annum or the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Events of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five ten (510) days of the date when due shall bear interest at the rate of ten percent (10%) per annum not to exceed the maximum rate permitted by law (the "Interest Rate") from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five ten (510) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided that such late charge shall be waived for the initial late rent payment during each calendar year during the Term and any extension. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent With respect to any delinquent payment of Monthly Base Rent, Additional Rent or any other sum due under this Lease that is not received by Landlord within hereunder which remains unpaid five (5) business days after said payment is due, Landlord agrees to waive any late charge for the first (1st) such delinquent payment in any consecutive twelve (12) month period during the Lease Term; provided, however, the late charge for the second (2nd) such delinquent payment in any consecutive twelve (12) month period shall be equal to one percent (1%) of the date when total amount of such delinquent payment, and the late charge for the third (3rd) and subsequent delinquent payments in any consecutive twelve (12) month period shall be equal to two and twenty-five one hundredths percent (2.25%) of the total amount of each such delinquent payment, it being understood between the parties that late payments by Tenant shall result in additional expense to Landlord which is difficult and impractical to ascertain and that such late charges are a reasonable estimate of the loss and expense to be suffered by Landlord as a result of late payments. In addition, with respect to all delinquent payments during the Lease Term, Monthly Base Rent, Additional Rent and any other sum due hereunder that is past due shall bear interest at the maximum a per annum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of Prime Rate plus five percent (5%) (or, if less, the highest rate permitted by law) beginning on the first (1st) day after said Monthly Base Rent or other payment is due until the past due monetary obligation is paid. Nothing herein, however, shall relieve Tenant of the amount overdue obligation to pay rent or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentany other payment on or before the date on which any such payment is due nor in any way limit Landlord’s remedies under this Lease or at law or in equity in the event said rent or other payment is unpaid after it is due. Acceptance of If Tenant fails to pay a late payment charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordor interest due hereunder, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid same remedies as are provided to Landlord by cashier's checkhereunder for Tenant’s failure to pay Monthly Base Rent.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late Late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will would be impracticable or extremely difficult and impracticable to ascertainfix. Those costs may includeCosts include processing, but are not limited to, administrative, processing collection and accounting charges, and late charges which that may be imposed on Landlord by the terms of any ground lease, mortgage or deeds of trust deed covering the Premises. AccordinglyTherefore, if any rent due from Tenant shall or other payment is not be received by Landlord or Landlord's designee within five (5) days after the date dueits due date, then then, without any requirement for notice to Tenant, Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a Landlord an additional sum equal to the greater of five percent (5%) of such overdue amount as a late charge. Such late charge represents a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentcosts that Landlord will incur by reason of any late payment by Tenant, and therefore this paragraph is reasonable under the circumstances existing at the time this Lease is made. Acceptance of a such late charge by Landlord shall does not constitute a waiver of Tenant's default with respect to the such overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of remedies available to Landlord under this Lease. In addition to the late charge payable by Tenant, if any rent that is not paid within five (5) 30 days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of date such rent next is due, then Tenant shall pay to Landlord interest on the overdue rent at the rate equal to 1.5% per month, or the maximum rate permitted by law, whichever is less (the "Default Rate"). Such interest shall no longer be paid in monthly installments but shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease which are not paid when due. All late charges and interest under this paragraph constitute additional rent under this Lease. If a late charge is payable under this Lease, whether or not collected, for two installments of Basic Monthly Rent, Operating Expense, or other rent due under this Lease during any 12-month period, Tenant's monthly payments will automatically become due and payable quarterly three (3) in advance, rather than monthly for 12 months in advance and/or (ii) and if quarterly payments are on time then after 12 months, they revert to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)monthly payments. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all All monies then and thereafter due from Tenant be paid to Landlord by cashierunder the preceding sentence may be commingled with other monies of Landlord and will not bear interest. If Tenant breaches any provision of this Lease, then any balance remaining from funds paid to Landlord under the provisions of this paragraph may, at Landlord's checkelection, be applied to the payment of any monetary default of Tenant. Notwithstanding the foregoing, Landlord will not assess a late charge until Landlord has given written notice of such late payment for the first late payment in any 12 month period and after Tenant has not cured such late payment within 3 days from receipt of such notice. No other notices will be required during the following 12 months for a late charge to be incurred.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant hereby acknowledges that the late payment by Tenant to Landlord of rent or any additional rent or other sums due hereunder will cause Landlord to incur costs not contemplated by in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those Such costs may include, include but are not limited toto processing, administrative, processing administrative and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premisescosts. Accordingly, if any installment of rent or any additional rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date such amount shall be due, then Tenant shall pay to Landlord, in addition to the interest provided above, Landlord a late charge in a sum equal to the greater of five percent (5%) of such overdue amount. If any installment of rent or any additional rent or any other sum due from Tenant shall not be received within thirty (30) days after such amount shall be due, Landlord shall incur additional processing, administrative and accounting costs. In order to compensate Landlord therefor, Tenant shall pay to Landlord an additional late charge equal to five percent (5%) of such overdue amount, including previous penalties. The parties hereby agree that such late charges represent a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentcosts Landlord will incur by reason of late payment by Tenant. Acceptance Neither assessment nor acceptance of a such late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the such overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordremedies granted under the Lease. Nothing contained in this paragraph shall be deemed to condone, Landlord shall have authorize, sanction or grant to Tenant an option for the option (i) to require that beginning with the first late payment of rent, and Tenant shall be deemed in default in the payment of its rent next due, rent shall no longer should the same not be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase by the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkdate on which it is due.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five ten (510) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five ten (510) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant hereby acknowledges and agrees that the late payment by Tenant to Landlord of rent Base Rent or Additional Rent (or any other sums due hereunder) will cause Landlord to incur administrative costs not contemplated by under this LeaseLease and other damages, the exact amount of which will would be extremely difficult or impractical to fix. Landlord and impracticable to ascertain. Those costs may include, but are Tenant agree that if Landlord does not limited to, administrative, processing and accounting charges, and late charges which may be imposed receive any such payment on Landlord by or before the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within date that is five (5) days after the date dueon which such payment is due (a “Late Charge Delinquency”), then Tenant shall pay to Landlord, in addition to the interest provided aboveas Additional Rent, (i) a late charge in a sum (“Late Charge”) equal to the greater of five percent (5%) of the amount overdue to cover such additional administrative costs and damages, and (ii) interest on all such delinquent amounts at an interest rate (the “Default Rate”) equal to the lesser of (a) one and one-half percent (1 1/2 %) per month or Two Hundred Fifty Dollars ($250.00b) for each the maximum lawful rate from the date such amounts are first delinquent paymentuntil the date the same are paid. Acceptance In no event, however, shall the charges permitted under this Article 3 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum lawful rate of a late charge by Landlord interest. Landlord’s acceptance of any Late Charge, or interest pursuant to this Section 3.4, shall not be deemed to constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. remedies available to Landlord hereunder or under any Applicable Laws. Notwithstanding anything herein to the contrary, Landlord agrees to waive the default interest and late charges for one (b1) Following each second late payment hereunder during any consecutive installment of rent that twelve (12) calendar month period during the Term provided such late payment is not paid in full within five (5) business days following after written notice to Tenant of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checksuch failure.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of (i) five percent (5%) of the amount overdue that delinquent payment or Two (ii) One Hundred Fifty Dollars ($250.00) for each delinquent payment1 00.00). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 5 days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) $100.00; provided that Landlord shall waive the payment of said late charge for the amount overdue initial delinquent payment of Basic Rent or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentOperating Expenses by Tenant. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) 5 days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) 2 or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, lease mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum an amount equal to the greater of five ten percent (510%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, amount nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 5 days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment100.00. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) 5 days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) 2 or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent payment due to Landlord under this Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease whether or not designated as additional rent hereunder, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Events of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant Grantee hereby acknowledges and agrees that the late payment by Tenant Grantee to Landlord Grantor of rent Base Colocation Fees or Additional Colocation Fees (or any other sums due hereunder) will cause Landlord Grantor to incur administrative costs not contemplated by under this LeaseAgreement and other damages, the exact amount of which will would be extremely difficult or impractical to fix. Grantor and impracticable to ascertain. Those costs may include, but are Grantee agree that if Grantor does not limited to, administrative, processing and accounting charges, and late charges which may be imposed receive any such payment on Landlord by or before the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within date that is five (5) days after the date dueon which such payment is due (a “Late Charge Delinquency”), then Tenant Grantee shall pay to LandlordGrantor, in addition to the interest provided aboveas Additional Colocation Fees, (i) a late charge in a sum (“Late Charge”) equal to the greater of five percent (5%) of the amount overdue to cover such additional administrative costs and damages, and (ii) interest on all such delinquent amounts at an interest rate (the “Default Rate”) equal to the lesser of (a) one and one-half percent (1 1/2 %) per month or Two Hundred Fifty Dollars ($250.00b) for each the maximum lawful rate from the date such amounts are first delinquent paymentuntil the date the same are paid. Acceptance In no event, however, shall the charges permitted under this Article 3 or elsewhere in this Agreement, to the extent the same are considered to be interest under applicable law, exceed the maximum lawful rate of a late charge by Landlord interest. Grantor’s acceptance of any Late Charge, or interest pursuant to this Section 3.4, shall not be deemed to constitute a waiver of Tenant's Grantee’s default with respect to the overdue amount, nor shall it prevent Landlord Grantor from exercising any of its the other rights and remedies. remedies available to Grantor hereunder or under any Applicable Laws. Notwithstanding anything herein to the contrary, Grantor agrees to waive the default interest and late charges for one (b1) Following each second late payment hereunder during any consecutive installment of rent that twelve (12) calendar month period during the Term provided such late payment is not paid in full within five (5) business days following after written notice to Grantee of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checksuch failure.

Late Payments. (a) Any rent due Tenant acknowledges that late payment by Tenant of any sum owed to Landlord under this Lease (including, but not limited to any amount due as Rent hereunder) will cause Landlord to incur costs not contemplated by this Lease, the exact amounts of which are extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, time spent addressing the issue with Tenant, and late charges that may be imposed on Landlord by the terms of any obligation or note secured by any encumbrance covering the Premises. Therefore, if any installment of rent or other payment due from Tenant is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition(a “Payment Default”), Tenant acknowledges shall pay to Landlord an additional sum equal to three percent (3%) of the overdue rent or other payment as a late charge; provided, however, that with respect to the first (and only the first) Payment Default occurring during each calendar year during the Term, no late payment charge shall be due if Tenant shall pay the amount delinquent in full within three (3) business days of receipt of written notice from Landlord of the existence of the Payment Default in question. Late charges shall be deemed Rent and shall be paid by Tenant to Landlord within thirty days (30) of rent demand. The parties agree that this late charge represents a fair and reasonable estimate of the administrative and other costs that Landlord will cause Landlord to incur costs not contemplated by this Lease, the exact amount reason of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentpayment by Tenant. Acceptance of a any late payment charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amountpayment, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, remedies available to Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlordunder this Lease, at any time during the Termlaw or in equity, two (2) or more insufficient checksincluding, but not limited to, the Landlord may require that all monies then and thereafter due from Tenant be paid interest charge imposed pursuant to Landlord by cashier's checkParagraph 22.2.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust mist deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any Monthly Installment of rent and Additional Rent due under this Lease Sublease that is not received by Landlord sublandlord within five (5) days of the date when after written notice that such sum is past due shall bear interest at the maximum rate permitted by law Permitted Rate (as defined in Paragraph 31) from the date due until fully paid. The payment of interest shall not cure any default by Tenant Subtenant under this LeaseSublease. In addition, Tenant Subtenant acknowledges that the late payment by Tenant Subtenant to Landlord Sublandlord of rent will cause Landlord Sublandlord to incur costs not contemplated by this LeaseSublease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord Sublandlord by the terms of any ground 7 lease, mortgage or trust deed covering the Premises. Accordingly, if any Monthly Installment of rent and Additional Rent due from Tenant Subtenant shall not be received by Landlord Sublandlord or LandlordSublandlord's designee within five (5) days after the date written notice that such sum is past due, then Tenant Subtenant shall pay to LandlordSublandlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord Sublandlord shall not constitute a waiver of TenantSubtenant's default with respect to the overdue amount, nor shall it prevent Landlord Sublandlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) business days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant hereby acknowledges that the late payment by Tenant tenant to Landlord of rent or any additional rent or other sums due hereunder will cause Landlord to incur costs not contemplated by in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those Such costs may include, include but are not limited toto processing, administrative, processing administrative and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premisescosts. Accordingly, if any installment of rent or any additional rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) business days after the date such amount shall be due, then Tenant shall pay to Landlord, in addition to the interest provided above, Landlord a late charge in a sum equal to the greater of five percent (5%) of such overdue amount. if any installment of rent or any additional rent or any other sum due from Tenant shall not be received within thirty (30) days after such amount shall be due, Landlord shall incur additional processing, administrative and accounting costs. In order to compensate Landlord therefore, Tenant shall pay to landlord an additional late charge equal to five percent (5%) of such overdue amount, including previous penalties. The parties hereby agree that such late charges represent a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentcosts Landlord will incur by reason of late payment by Tenant. Acceptance Neither assessment nor acceptance of a such late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the such overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordremedies granted under the Lease. Nothing contained in this paragraph shall be deemed to condone, Landlord shall have authorize, sanction or grant to Tenant an option for the option (i) to require that beginning with the first late payment of rent, and Tenant shall be deemed in default in the payment of its rent next due, rent shall no longer should the same not be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase by the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkdate on which it is due.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. The foregoing late charge shall not be charged, however, in connection with the initial payment of rent not paid by Tenant within five (5) days after the date due. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent payment due to Landlord under this Lease that is not Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, thax xx xot received by Landlord within five ten (510) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Sharx xx Xperating Expenses will cause Landlord to incur costs not contemplated by this Leasethix Xxxxe, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five ten (510) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event xx Xxxault unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five seven (57) business days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five seven (57) business days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars two hundred and fifty dollars ($250.00) for each delinquent payment). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, . Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease All sums paid by Landlord and all costs and expenses incurred by Landlord, including attorneys' fees, in connection with the performance of any act that is not received required to be performed by Landlord within Tenant, together with interest thereon at an annual rate (the "Lease Interest Rate") equal to five (5) days percentage points above the prime commercial lending rate of the date when due shall bear interest at the maximum rate permitted by law Citibank, N.A. (or its successors or assigns) charged to its customers of highest credit standing for ninety (90) day unsecured loans, in effect from time to time, from the date due until fully paid. The of such payment or incurrence by Landlord of interest such cost and expense, shall not cure any default constitute additional rent payable by Tenant under this Lease. In addition, Tenant acknowledges that the late payment Lease and shall be paid by Tenant to Landlord on demand. (b) In the event Tenant shall fail to pay to Landlord Base Rent or and Additional Charges on the first day the same shall be required to be paid to Landlord hereunder (it being agreed that for purposes of rent will cause Landlord to incur costs not contemplated by this LeaseArticle 14, the exact first day that an amount is required to be paid to Landlord hereunder means the first day that such amount is due notwithstanding that a grace period, with or without notice, has been granted; for example, since Base Rent is due on the first day of which will each month, even though a grace period until the fifth (5th) day of each month has been agreed to prior to the occurrence of a default hereunder, the first day that Base Rent is required to be extremely difficult paid to Landlord hereunder is the first day of each month and impracticable said Base Rent is deemed to ascertain. Those costs may include, but are be due on the first day of each month and overdue from and after the first day of each month if it is not limited to, administrative, processing and accounting charges, and late charges which may be imposed on paid to Landlord by the terms end of any ground leasethe first day of each month), mortgage or trust deed covering the Premises. Accordingly, if any rent due from then: (i) Tenant shall not pay to Landlord interest on such overdue amount of Base Rent or and Additional Charges at the Lease Interest Rate from the fifth (5th) day such overdue amount shall be received due, to the date of payment thereof; and (ii) In the event that Tenant shall fail to pay any portion of Gross Rent by Landlord or Landlord's designee within five the date that is ten (510) days after the date duefirst day that such amount shall become due and payable, then Tenant shall pay to Landlord, in addition to the interest provided above, a late Landlord an administrative charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 10 business days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) 10 business days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) $100.00; provided that Landlord shall waive the payment of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a said late charge for the initial delinquent payment of Basic Rent or Operating Expenses by Landlord shall not constitute a waiver of Tenant's default with respect to Tenant during the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remediesTerm. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) 10 business days following written notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) 2 or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days following receipt of written notice that the date when same is due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, 38 mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date receipt of written notice that the same is due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due If Tenant fails to pay any Monthly Rental or estimated Operating Expenses within five business days of the first day of the calendar month, or Tenant fails to pay or reimburse Landlord any other amount to be paid under this Lease that is not received by Landlord within five 30 days after invoicing (5or the period set forth in this Lease if different), Tenant shall pay a late fee equal to three percent (3.0%) days of the date when due such unpaid amount. In addition, such unpaid amounts shall bear interest at the maximum rate permitted by law equal to the sum of five percent (5.0%) plus the Prime Rate per annum (the “Interest Rate”) from the due date due until fully paid. The if payment is not made by the 5th business day of interest shall not cure any default by each month, as to Monthly Rental or estimated Operating Expenses, or within 30 days after invoicing from Landlord, as to all other payment obligations of Tenant under this Lease. As used herein, “Prime Rate” shall mean the base rate on corporate loans at large U.S. money center commercial banks as published from time to time by The Wall Street Journal, adjusted monthly to such published rate. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent any installment of Monthly Rental or Additional Rental will cause Landlord to incur certain costs not contemplated by this Leaseand expenses, the exact amount of which will be are extremely difficult or impractical to fix. These costs and impracticable to ascertain. Those costs expenses may include, but are not limited to, administrative, administrative and collection costs and processing and accounting charges, expenses. Landlord and Tenant agree that the late charges which may be imposed on described herein represent a reasonable estimate of the costs and expenses Landlord will incur and is fair compensation to Landlord for its loss suffered by the terms reason of any ground lease, mortgage or trust deed covering the Premiseslate payment by Tenant. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, If a late charge in a sum equal to the greater of five percent (5%) of the amount overdue is payable under this Lease, whether or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of collected, at least three times during any 18-month period, then Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights ’s monthly payments automatically will become due and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three in advance, rather than monthly. (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all All monies then and thereafter due from Tenant be paid to Landlord by cashier's checkunder the preceding sentence may be commingled with other monies of Landlord and will not bear interest; if Tenant breaches any provision of this Lease, then any balance remaining from such funds may, at Landlord’s election, be applied to the payment of any monetary default of Tenant.)

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law of ten percent (10%) per annum from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expense or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expense will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may my be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive constructive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default All covenants and agreements to be performed by Tenant under any of the terms of this LeaseLease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of rent. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent any sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such cost being extremely difficult and impracticable impractical to ascertainfix. Those Such costs may include, but are not limited to, administrativewithout limitation, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any ground lease, mortgage note or trust deed other obligation secured by any encumbrance covering the PremisesPremises or the Building of which the Premises are a part. AccordinglyTherefore, if any monthly installment of rent due from Tenant shall is not be received by Landlord or Landlord's designee within five (5) days after of additional rent, the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the overdue amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of as a late charge by Landlord charge. Landlord’s acceptance of any late charge, or interest pursuant to Section 33.9, shall not be deemed to be liquidated damages, nor constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second remedies available to Landlord under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for 2 consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordmonths for whatever reason, Landlord shall have the option (i) to require that that, beginning with the first payment of rent next duedue following the imposition of the second consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkadvance.

Late Payments. (a) Any rent If Tenant fails to pay when the same is due under this Lease that is not received by Landlord within five (5) days of any Minimum Annual Rental, Percentage Rental or Additional Rental, the date when due unpaid amounts shall bear interest at the maximum lawful rate permitted by law from the date due until fully paid. The payment to and including the date of interest shall not cure any default by Tenant under this Leasepayment. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent any installment of Minimum Annual Rental, Percentage Rental or Additional Rental will cause Landlord to incur certain costs not contemplated by this Leaseand expenses, the exact amount of which will be are extremely difficult or impractical to fix. These costs and impracticable to ascertain. Those costs expenses may include, but are not limited towithout limitation, administrative, administrative and collection costs and processing and accounting chargesexpenses. Landlord recognizes that occasionally circumstances beyond Tenant's control, such as clerical error or postal error, may occur which delay the receipt by Landlord of payments timely made by Tenant. As a reasonable allocation of responsibility for costs and expenses incurred by Landlord as a result of late charges which may payments, no late charge shall be imposed on Landlord payable by Tenant for the terms first two (2) times in any consecutive twelve (12) month period that any installment of any ground leaseMinimum Annual Rental, mortgage Percentage Rental or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall Additional Rental is not be received by Landlord or Landlord's designee from Tenant within five (5) days after the date such installment is due, then unless Tenant fails to make payment of such installment to Landlord within five (5) days after written notice from Landlord that such installment has not been received. If Tenant fails to make payment of such installment to Landlord within such five (5) day period, Tenant shall immediately pay to LandlordLandlord the late charge specified in this Section. In addition, without regard for the reason any installment is not received by Landlord when due, and without the need for any additional prior notice, the third (3rd) time in addition any consecutive twelve (12) month period, and each time thereafter in such consecutive twelve (12) month period, any installment of Minimum Annual Rental, Percentage Rental or Additional Rental is not received by Landlord from Tenant within five (5) days after such installment is due, Tenant shall immediately pay to the interest provided above, Landlord a late charge in a sum equal to the greater Five Hundred Dollars ($500.00) for any installment of five percent (5%) of the amount overdue or Minimum Annual Rental due, and Two Hundred Fifty Dollars ($250.00) for each delinquent paymentany installment of Percentage Rental or Additional Rental due. Acceptance of a Landlord and Tenant agree that this late charge represents a reasonable estimate of the costs and expenses Landlord will incur and is fair compensation to Landlord for its loss suffered by Landlord shall not constitute a waiver reason of late payment by Tenant's default with respect to the overdue amount. Upon accrual, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but all such late charges shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)deemed Additional Rental. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.ARTICLE 8

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the checks,.the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent Base Rent or Additional Rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law eighteen percent (18%) per annum from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Base Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, lease mortgage or trust deed covering the Premises. Accordingly, if any rent Base Rent or Additional Rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum an amount equal to the greater of five ten percent (510%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, amount nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Monthly Rental that is not paid within five (5) days following notice of nonpayment from Landlordthe date when due, Landlord shall have the option (i) to require that beginning with the first payment of rent Monthly Rental next due, rent Monthly Rental shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance advance; and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Lease Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. Tenant hereby agrees that if Tenant fails to pay rent or other sums payable within ten (a) Any rent due under this Lease that is not received by Landlord within five (510) days after written notice from Landlord for two (2) consecutive months, Minimum Rent for the following twelve (12) months shall, at Landlord’s discretion, be adjusted to be quarterly rental, payable in advance, by cashier’s check. Said quarterly payments shall commence upon the first day of the date when due month following written notice to Tenant of Landlord’s election to exercise the right to collect rent quarterly in advance and shall bear interest at continue for the maximum rate permitted by law from the date due until fully paidnext twelve (12) months on a quarterly basis in advance. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant hereby acknowledges that the late payment by Tenant to Landlord of rent the Minimum 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 and impracticable to ascertain. Those Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on upon Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent installment of Minimum Rent or any sum due from Tenant hereunder shall not be received by Landlord or Landlord's ’s designee within five (5) days after on or before the date due, time set forth herein for the payment thereof then said amount shall be deemed past due and Tenant shall pay to Landlord, in addition to the interest provided above, Landlord a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Eighty Dollars ($250.00180.00). Landlord and Tenant hereby agree that such late charge represents a fair and reasonable estimate of the cost that Landlord will incur by reason of any such late payment by Tenant. Additionally, Tenant shall pay to Landlord an interest charge of ten percent (10%) for each delinquent paymentper annum on such past due amounts. Acceptance of a any such late charge or late interest charge by Landlord shall not in no event constitute a waiver of Tenant's ’s default with respect to the such overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remediesremedies granted hereunder. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100°%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's cashiers check.

Late Payments. Each party shall be entitled, without prejudice to any other right or remedy, to receive interest on any payment not duly made pursuant to the terms of this Agreement on the Final Date or Payment Certificate Final Date (aas the case may be) Any rent calculated from day to day at a rate per annum equal to the Default Interest Rate from the Final Date or Payment Certificate Final Date (as the case may be) up to and including the date of payment. Set‑Off Whenever any sum of money shall be agreed, or determined, as due and payable by hubco to the Authority, such sum may at the Authority's discretion be deducted from or applied to reduce the amount of any sum then due, or which at any time afterwards may become due, to hubco from the Authority under this Lease Agreement provided that is the Authority has issued a Pay Less Notice. Whenever any sum of money shall be agreed, or determined, as due and payable by the Authority to hubco, such sum may at hubco's discretion be deducted from or applied to reduce the amount of any sum then due, or which at any time afterwards may become due, from hubco to the Authority under this Agreement provided that hubco has given the Authority not received less than [ ] Business Days' notice of its intention to deduct or apply such sum. Within five (5) Business Days of the earlier of: the date of appointment of each Qualifying Sub-Contractor by Landlord the Contractor to undertake sub-contract works (including off-site fabrication) in connection with the Project; and the date falling five (5) Business Days prior to each Qualifying Sub-Contractor commencing sub-contract works (including off-site fabrication) in connection with the Project, hubco shall procure and deliver to the Authority an original version of a Joining Declaration duly executed by xxxxx, the Contractor and the relevant Qualifying Sub-Contractor38. the Authority shall execute the relevant Joining Declaration within five (5) days Business Days of receipt of the date when due same from hubco. Where any Qualifying Sub-Contractor declines to enter into a Joining Declaration, hubco shall bear interest at procure that the maximum rate permitted by law Contractor uses all reasonable endeavours to obtain disclosure from the date due until fully paidQualifying Sub-Contractor of the reasons for such refusal. The payment of interest hubco shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges procure that the late payment Contractor seeks to persuade the Qualifying Sub-Contractor to re-consider its position. hubco shall procure that the Contractor shall record this process and provide copies of such records to hubco who shall, in turn, provide such records to the Authority. hubco shall procure that the Contractor informs each Below Threshold Sub-Contractor that the Below Threshold Sub-Contractor may make a Joining Request at any time. hubco shall procure that the Contractor communicates every Joining Request by Tenant a Below Threshold Sub-Contractor to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee hubco within five (5) days after Business Days of such Joining Request being received by the Contractor. hubco shall communicate each Joining Request by a Below Threshold Sub-Contractor to the Authority’s Representative within five (5) Business Days of such Joining Request being communicated to hubco by the Contractor. Following the receipt of any Joining Request by a Below Threshold Sub-Contractor, the Authority and hubco shall discuss with the Contractor whether it is practicable and desirable for payments to the Below Threshold Sub-Contractor to be made through the Project Bank Account having regard to the number, timing and value of such payments. If the Authority, hubco and the Contractor agree that payments to the Below Threshold Sub-Contractor should be made through the Project Bank Account then hubco shall procure and deliver to the Authority an original version of a Joining Declaration duly executed by xxxxx, the Contractor and the relevant Below Threshold Sub-Contractor. The Authority shall thereafter execute the relevant Joining Declaration within five (5) Business Days of receipt of the same from hubco. If the Authority, hubco and the Contractor do not agree that payments to the Below Threshold Sub-Contractor should be made through the Project Bank Account then hubco shall write to the Authority and fully explain the reasons for the failure to so agree. If this Agreement is terminated no further monies shall be payable into the Project Bank Account. Within [two (2) months] of the date dueof issue of the Certificate of Completion, then Tenant hubco shall submit to the Authority's Representative a summary report relating to the use and operation of the Project Bank Account specifying (as a minimum): the total amount of payments made through the Project Bank Account to PBA Beneficiaries; the total amount of payments made through the Project Bank Account to PBA Sub-Contractors; the total amount of payments made through the Project Bank Account to the Contractor in respect of Non-PBA Sub-Contractors; the reasons for any Qualifying Sub-Contractor failing to be paid through the Project Bank Account; and lessons learned from the use and operation of the Project Bank Account, including feedback from the Contractor and PBA Sub-Contractors. 28VAT All amounts stated to be payable by either party under this Agreement shall be exclusive of any VAT properly chargeable on any amount. Each party shall pay to Landlord, the other party any VAT properly chargeable on any supply made to it under this Agreement provided that it shall first have received from the other party a valid tax invoice in addition respect of that supply which complies with the requirements of Part III Value Added Tax Regulations 1995. If either party (referred to in this Clause as the "First Party") shall consider that any VAT which the other party (referred to in this Clause as the "Second Party") claims to be properly chargeable to the First Party in connection with this Agreement is not in fact properly so chargeable, the First Party shall be entitled to require the Second Party to obtain a clearance from the Commissioners for Revenue & Customs (or, if relevant, such other body as is charged at the time with the collection and management of VAT) (referred to in this Clause as the "Commissioners") as to the VAT (if any) properly so chargeable. The Second Party shall forthwith request the Commissioners for such a clearance. The following further provisions shall apply in respect of the application for a clearance in accordance with Clause 28.3:- prior to submitting its request for such a clearance and any further communication to the Commissioners in connection with the obtaining of the clearance, the Second Party shall first obtain the agreement of the First Party to the contents of such request and any such further communication, such agreement not to be unreasonably withheld or delayed; the Second Party shall provide to the First Party copies of all communications received from the Commissioners in connection with the application for a clearance as soon as practicable after receipt; and the Second Party shall use all reasonable endeavours (including without limitation the provision of such additional information as the Commissioners may require) to obtain such a clearance as soon as reasonably practicable following the initial request. If a clearance is required by the First Party under Clause 28.3, the First Party shall not be obliged to pay the VAT so claimed by the Second Party unless and until a clearance is received from the Commissioners which states that a sum of VAT (the "VAT Sum") is properly so chargeable or the Commissioners state that they are not prepared to give any clearance on the matter. In this case, then subject to Clauses 28.6 and 28.7 and provided that the First Party shall first have received a valid tax invoice which complies with the requirements of Part III Value Added Tax Regulations 1995 and which states the VAT Sum to be the amount of VAT chargeable to the First Party, the First Party shall pay the VAT Sum (and any interest or penalties attributable to the VAT Sum) to the Second Party. If the First Party disagrees with any clearance obtained pursuant to Clause 28.3 by the Second Party from the Commissioners, then the Second Party (provided above, a late charge that it is indemnified to its reasonable satisfaction against all costs and expenses including interest and penalties which it may incur in relation thereto) shall take such action and give such information and assistance to the First Party as the First Party may require to challenge such clearance or otherwise to resist or avoid the imposition of VAT on the relevant supply. The following further provisions shall apply if the First Party shall exercise its rights under Clause 28.6:- the action which the First Party shall be entitled to require the Second Party to take shall include (without limitation) contesting any assessment to VAT or other relevant determination of the Commissioners before any tax tribunal or court of competent jurisdiction and appealing any judgement or decision of any such tribunal or court; if the Second Party shall be required to pay to or deposit with the Commissioners a sum equal to the greater of five percent (5%) VAT assessed as a condition precedent to its pursuing any appeal, the First Party shall, at its election, either pay such sum to the Commissioners on behalf of the amount overdue Second Party or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance on receipt of proof in a late charge by Landlord form reasonably satisfactory to the First Party that the Second Party has paid such sum to or deposited such sum with the Commissioners the First Party shall pay such sum to the Second Party; save as specifically provided in Clause 28.4, the First Party shall not constitute a waiver of Tenant's default with respect be obliged to pay to the overdue amountSecond Party any sum in respect of the VAT in dispute to the Second Party or in respect of VAT on any further supplies made by the Second Party to the First Party which are of the same type and raise the same issues as the supplies which are the subject of the relevant dispute unless and until the final outcome of the relevant dispute is that it is either determined or agreed that VAT is properly chargeable on the relevant supply or supplies; and the Second Party shall account to the First Party for any costs awarded to the Second Party on any appeal, nor shall it prevent Landlord from exercising for any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not sum paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning or deposited with the first payment Commissioners in accordance with Clause 28.7.2 which is repayable to the Second Party and for any interest to which the Second Party is entitled in respect of rent next duesuch sums. Subject to Clause 28.9, rent if, following a Change in Law, xxxxx becomes unable to recover VAT attributable to supplies to be made to the Authority by hubco pursuant to this Agreement, the Authority shall ensure that hubco is left in no longer be paid better and no worse position than it would have been had such Change in monthly installments Law not occurred (including but not limited to making such amendments to this Agreement as hubco and the Authority shall be payable quarterly three agree acting reasonably), provided that hubco shall use all reasonable endeavours to mitigate the adverse effects of any such Change in Law. The provisions of Clause 28.8 shall apply only if (3and to the extent that) months the Change in advance and/or (ii) Law was not reasonably foreseeable at the date of this Agreement by an experienced contractor performing operations similar to require that Tenant increase the amountrelevant Project Operations on the basis of draft bills published in Government green or white papers or other Government departmental consultation papers, if anybills, draft statutory instruments or draft instruments or proposals published in the Official Journal of the Security Deposit by one hundred percent European Union, in each case published: prior to the date of this Agreement; and in substantially the same form as the Change in Law. 29CONSTRUCTION INDUSTRY TAX DEDUCTION SCHEME This Clause 29.1 relates to the Construction Industry Tax Deduction Scheme:- In this Clause 29.1 (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.but not otherwise):-

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i1) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that , all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late Late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will would be impracticable or extremely difficult and impracticable to ascertainfix. Those costs may includeCosts include processing, but are not limited to, administrative, processing collection and accounting charges, and late charges which that may be imposed on Landlord by the terms of any ground lease, mortgage or deeds of trust deed covering the Premises. AccordinglyTherefore, if any rent due from Tenant shall or other payment is not be received by Landlord or Landlord's designee within five (5) days after its due date, then, notwithstanding any cure rights of Tenant (including those under Article 15 above) without any requirement for notice to Tenant, Tenant shall pay to Landlord an additional sum of five percent of such overdue amount as a late charge. Such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment by Tenant, and therefore this paragraph is reasonable under the circumstances existing at the time this Lease is made. Acceptance of such late charge by Landlord does not constitute a waiver of Tenant’s default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease. In addition to the late charge payable by Tenant, if any rent is not paid within 30 days of the date such rent is due, then Tenant shall pay to Landlord, in addition Landlord interest on the overdue rent at the rate equal to the “reference rate” announced from time to time by Bank of America, NT&SA (if such reference rate ceases to be announced, then a reasonably comparable “prime rate” shall be utilized, selected by Landlord), plus 10% per annum, or the maximum rate permitted by law, whichever is less (the “Default Rate”). Such interest provided above, shall additionally accrue and be payable by Tenant relative to any other amounts payable by Tenant to Landlord under the provisions of this Lease which are not paid when due. All late charges and interest under this paragraph constitute additional rent under this Lease. If a late charge in a sum equal to the greater is payable under this Lease, whether or not collected, for two installments of five percent (5%) of the amount overdue Basic Monthly Rent, Operating Expense, or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of other rent due under this Lease during any 12-month period, Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights ’s monthly payments will automatically become due and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amountadvance, if any, of the Security Deposit by one hundred percent (100%)rather than monthly. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all All monies then and thereafter due from Tenant be paid to Landlord by cashier's checkunder the preceding sentence may be commingled with other monies of Landlord and will not bear interest. If Tenant breaches any provision of this Lease, then any balance remaining from funds paid to Landlord under the provisions of this paragraph may, at Landlord’s election, be applied to the payment of any monetary default of Tenant.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five ten (510) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five ten (510) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five ten (510) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the rate of ten percent (10%) per annum not to exceed the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering governing the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) ), of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment, provided that such late charge shall be waived for the initial late payment of any rent as and when due from Tenant. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive the third installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 5 business days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) $100.00; provided that Landlord shall waive the payment of said late charge for the amount overdue initial delinquent payment of Basic Rent or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentOperating Expenses by Tenant. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive any third installment of rent Basic Rent that is not paid within five (5) 5 business days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) 2 or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default All covenants and agreements to be performed by Tenant under any of the terms of this LeaseLease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent any sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such cost being extremely difficult and impracticable impractical to ascertainfix. Those Such costs may include, but are not limited to, administrativewithout limitation, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any ground lease, mortgage note or trust deed other obligation secured by any encumbrance covering the PremisesPremises or the Building of which the Premises are a part. AccordinglyTherefore, if any monthly installment of rent due from Tenant shall is not be received by Landlord or Landlord's designee within five (5) days after by the date when due, then or if Tenant fails to pay any other sum of money due hereunder, Tenant shall pay to Landlord, in addition to as additional rent, the interest provided above, a late charge in a sum equal to the greater of five ten percent (510%) of the overdue amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of as a late charge by Landlord charge. Landlord's acceptance of any late charge, or interest pursuant to Section 33.9, shall not be deemed to be liquidated damages, nor constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second remedies available to Landlord under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for 2 consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordmonths for whatever reason, Landlord shall have the option (i) to require that that, beginning with the first payment of rent next duedue following the imposition of the second consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkadvance.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five ten (510) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Dollars ($250.00100.00) for each delinquent payment; provided that the late charge shall be waived for the initial late payment by Tenant. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. The parties agree that, as used herein and in Section 7.4, the “maximum rate permitted by law” shall mean ten percent (10%) per annum. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five ten (510) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Notwithstanding the foregoing, the late fee for the initial late payment of Basic Rent and/or Operating Expenses during each calendar year of the Term shall be waived. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amountprovided, however, if anyTenant thereafter pays three (3) consecutive quarterly payments in a timely manner, the payment of the Security Deposit by one hundred percent (100%rent hereunder shall thereupon revert to monthly installments). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant hereby acknowledges and agrees that the late payment by Tenant to Landlord of rent Base Rent or Additional Rent (or any other sums due hereunder) will cause Landlord to incur administrative costs not contemplated by under this LeaseLease and other damages, the exact amount of which will would be extremely difficult or impractical to fix. Landlord and impracticable to ascertain. Those costs may include, but are Tenant agree that if Landlord does not limited to, administrative, processing and accounting charges, and late charges which may be imposed receive any such payment on Landlord by or before the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within date that is five (5) days after the date dueon which such payment is due (a “Late Charge Delinquency”), then Tenant shall pay to Landlord, in addition to the interest provided aboveas Additional Rent, (i) a late charge in a sum (“Late Charge”) equal to the greater of five percent (5%) of the amount overdue to cover such additional administrative costs and damages, and (ii) interest on all such delinquent amounts at an interest rate (the “Default Rate”) equal to the lesser of (a) the Prime Rate (defined below) plus two hundred basis points per month or Two Hundred Fifty Dollars ($250.00b) for each the maximum lawful rate, from the date such amounts are first delinquent paymentuntil the date the same are paid. Acceptance In no event, however, shall the charges permitted under this Article 3 or elsewhere in this Lease, to the extent the same are considered to be interest under applicable law, exceed the maximum lawful rate of a late charge by Landlord interest. Landlord’s acceptance of any Late Charge, or interest pursuant to this Section 3.5, shall not be deemed to constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. remedies available to Landlord hereunder or under any Applicable Laws. Notwithstanding the foregoing, Landlord agrees to waive the Late Charge and interest at the Default Rate for one (b1) Following each second late payment hereunder during any consecutive installment of rent twelve (12) calendar month period during the Term; provided that such late payment is not paid in full within five (5) days following after the date Tenant receives written notice from Landlord that same is past due. For the purposes of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checksthis Lease, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord term the “Prime Rate”, shall mean the rate of interest published as the “prime rate” by cashier's checkThe Wall Street Journal (or its successor, assign or a comparable publication) in its listing of “Money Rates”.

Late Payments. Any amount due from Tenant to Landlord hereunder which is not paid to Landlord within five (a5) Any rent days after it is due shall bear interest at the lesser of twelve percent (12%) per annum or the maximum rate of interest then permitted by the applicable usury law for the State of California, accruing from the date due until such amount is fully paid. Payment of such interest shall not excuse or cure any default by Tenant. In addition to such interest, Xxxxxx acknowledges that the late payment by Tenant of any installment of rent, or any other sum of money required to be paid by Tenant under this Lease that Lease, will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult and impractical to fix. Such costs and expenses will include, without limitation, attorneys’ fees, administrative and collection costs, and processing and accounting expenses and other costs and expenses necessary and incidental thereto. Therefore, if any such installment is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of such payment as a late charge. Landlord and Xxxxxx agree that this late charge is a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss suffered by Landlord such nonpayment. The interest and late charges set forth herein are in addition to, and acceptance of such late charge shall not constitute a waiver of Tenant's ’s default with respect to the to, such overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. remedies granted hereunder or by law to Landlord. Notwithstanding the foregoing, Xxxxxxxx agrees to provide to Tenant written notice of any such failure to pay twice in any twelve (b12) Following each second consecutive installment month period and Landlord shall not assess such late charge unless Tenant fails to make such payment within three (3) business days of rent that is not paid its receipt of such notice. Upon the third (3rd) failure of Tenant to make any payment within five (5) days following notice of nonpayment from Landlordthe due date within a twelve (12) month period, Landlord shall have be entitled to assess the option (i) late charge without prior notice to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkTenant.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Minimum Annual Rent or Additional Rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be are impracticable or extremely difficult and impracticable to ascertain. Those Such costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on upon Landlord by the terms of any ground lease, mortgage or trust deed covering the PremisesPremises or any part of the Project. Accordingly, if any rent due from Tenant shall installment of Minimum Annual Rent or Additional Rent is not be received by Landlord or Landlord's designee from Tenant within five (5) days after the date when due, then Tenant shall immediately pay to Landlord, in addition to the interest provided aboveas Additional Rent, a late charge in a sum equal to the greater of five percent (5%) of the delinquent amount. Landlord and Tenant agree that this late charge represents a reasonable estimate of the costs and expenses Landlord will incur and is fair compensation to Landlord for its loss suffered by reason of late payment by Tenant. In addition, if Tenant fails to pay when the same is due any Minimum Annual Rent or Additional Rent, the unpaid amounts shall bear interest at the rate per annum (the "Interest Rate") equal to the greater of (a) ten percent (10%) or (b) the "prime rate" charged by Wellx Xxxgo Bank N.A. plus two (2) percentage points, but in no event to exceed the maximum lawful rate, from the date such amount overdue was originally due to and including the date of payment. Payment of such interest shall not excuse or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentcure any default by Tenant. Acceptance of a any late charge charges or interest by Landlord shall not in no event constitute a waiver of Tenant's default with respect to the such overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remediesremedies under this Lease. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum per annum rate of ten percent (10%) not to exceed the rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided, however, that Landlord shall waive such late fee in connection with the initial late payment by Tenant. Acceptance of a late charge alone by Landlord shall not constitute a waiver of Tenant's default Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check or wire transfer. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five ten (510) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided that the late charge shall be waived for the initial late payment by Tenant. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. The parties agree that, as used herein and in Section 7.4, the “maximum rate permitted by law” shall mean ten percent (10%) per annum. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five ten (510) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. Each party shall be entitled, without prejudice to any other right or remedy, to receive interest on any payment not duly made pursuant to the terms of this Agreement on the Final Date or Payment Certificate Final Date (aas the case may be) Any rent calculated from day to day at a rate per annum equal to the Default Interest Rate from the Final Date or Payment Certificate Final Date (as the case may be) up to and including the date of payment. Set‑Off Whenever any sum of money shall be agreed, or determined, as due and payable by hubco to the Authority, such sum may at the Authority's discretion be deducted from or applied to reduce the amount of any sum then due, or which at any time afterwards may become due, to hubco from the Authority under this Lease Agreement provided that is the Authority has issued a Pay Less Notice. Whenever any sum of money shall be agreed, or determined, as due and payable by the Authority to hubco, such sum may at hubco's discretion be deducted from or applied to reduce the amount of any sum then due, or which at any time afterwards may become due, from hubco to the Authority under this Agreement provided that hubco has given the Authority not received less than [ ] Business Days' notice of its intention to deduct or apply such sum. Within five (5) Business Days of the earlier of: the date of appointment of each Qualifying Sub-Contractor by Landlord the Contractor to undertake sub-contract works (including off-site fabrication) in connection with the Project; and the date falling five (5) Business Days prior to each Qualifying Sub-Contractor commencing sub-contract works (including off-site fabrication) in connection with the Project, hubco shall procure and deliver to the Authority an original version of a Joining Declaration duly executed by xxxxx, the Contractor and the relevant Qualifying Sub-Contractor40. the Authority shall execute the relevant Joining Declaration within five (5) days Business Days of receipt of the date when due same from hubco. Where any Qualifying Sub-Contractor declines to enter into a Joining Declaration, hubco shall bear interest at procure that the maximum rate permitted by law Contractor uses all reasonable endeavours to obtain disclosure from the date due until fully paidQualifying Sub-Contractor of the reasons for such refusal. The payment of interest hubco shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges procure that the late payment Contractor seeks to persuade the Qualifying Sub-Contractor to re-consider its position. hubco shall procure that the Contractor shall record this process and provide copies of such records to hubco who shall, in turn, provide such records to the Authority. hubco shall procure that the Contractor informs each Below Threshold Sub-Contractor that the Below Threshold Sub-Contractor may make a Joining Request at any time. hubco shall procure that the Contractor communicates every Joining Request by Tenant a Below Threshold Sub-Contractor to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee hubco within five (5) days after Business Days of such Joining Request being received by the date due, then Tenant Contractor. hubco shall pay to Landlord, in addition communicate each Joining Request by a Below Threshold Sub-Contractor to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid Authority’s Representative within five (5) days following notice Business Days of nonpayment from Landlordsuch Joining Request being communicated to hubco by the Contractor. Following the receipt of any Joining Request by a Below Threshold Sub-Contractor, Landlord the Authority and hubco shall have the option (i) to require that beginning discuss with the first payment Contractor whether it is practicable and desirable for payments to the Below Threshold Sub-Contractor to be made through the Project Bank Account having regard to the number, timing and value of rent next duesuch payments. If the Authority, rent hubco and the Contractor agree that payments to the Below Threshold Sub-Contractor should be made through the Project Bank Account then hubco shall procure and deliver to the Authority an original version of a Joining Declaration duly executed by xxxxx, the Contractor and the relevant Below Threshold Sub-Contractor. The Authority shall thereafter execute the relevant Joining Declaration within five (5) Business Days of receipt of the same from hubco. If the Authority, hubco and the Contractor do not agree that payments to the Below Threshold Sub-Contractor should be made through the Project Bank Account then hubco shall write to the Authority and fully explain the reasons for the failure to so agree. If this Agreement is terminated no longer be paid in monthly installments but further monies shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase into the amount, if any, of the Security Deposit by one hundred percent (100%)Project Bank Account. Should Tenant deliver to Landlord, at any time during the Term, Within [two (2) or more insufficient checksmonths] of the date of issue of the Certificate of Completion, hubco shall submit to the Landlord may require that all monies then Authority's Representative a summary report relating to the use and thereafter due from Tenant operation of the Project Bank Account specifying (as a minimum): the total amount of payments made through the Project Bank Account to PBA Beneficiaries; the total amount of payments made through the Project Bank Account to PBA Sub-Contractors; the total amount of payments made through the Project Bank Account to the Contractor in respect of Non-PBA Sub-Contractors; the reasons for any Qualifying Sub-Contractor failing to be paid to Landlord by cashier's checkthrough the Project Bank Account; and lessons learned from the use and operation of the Project Bank Account, including feedback from the Contractor and PBA Sub-Contractors.

Late Payments. (a) Any rent payment due to Landlord under this Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease whether or not designated as additional rent hereunder, that is not received by Landlord within five ten (510) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Dollars ($250.00100.00) for each delinquent payment; provided that Landlord shall waive the payment of said late charge for the initial two (2) delinquent payments of Basic Rent or Operating Expenses by Tenant. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five ten (510) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.two

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Notwithstanding the foregoing sentence, Landlord shall not charge Tenant a late charge until five (5) days after notice from Landlord to Tenant that rent remains unpaid for the first two (2) times that rent is more than five days late during any five (5) year period during the Term. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease whether or not designated as additional rent hereunder, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Dollars ($250.00100.00) for each delinquent payment. Notwithstanding the foregoing, the late fee for the initial late payment of Basic Rent and/or Operating Expenses during each calendar year of the Term shall be waived. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Events of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of the date when due following written notice to Tenant shall bear interest at the maximum rate permitted by law of ten percent (10%) per annum from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date duefollowing written notice to Tenant, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five three percent (53%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five (5) days following written notice of nonpayment from Landlordthat payment is past due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent payment of Rent due under hereunder not paid when due shall bear interest for each month or fraction thereof from the due date until paid in full at the annual rate of 3% over the prime rate as published in The Wall Street Journal, or its successor publication, or if none, then any other nationally published journal with a similar circulation, or at any applicable lesser maximum legally permissible rate for debts of this Lease that is not received by nature (the “Default Rate”). (b) Additionally, if Tenant fails to make any payment to Landlord within five (5) business days of after the due date when due therefor, Landlord may charge Tenant a fee, which shall bear interest at constitute liquidated damages, equal to One Thousand and NO/100 Dollars ($1,000.00) for each such late payment. Notwithstanding the maximum rate permitted by law from the date due until fully paid. The payment of interest foregoing, Landlord shall not cure charge such fee with respect to the first occurrence (but not any default by subsequent occurrence) during any 12-month period that Tenant under this Lease. In addition, Tenant acknowledges that the late fails to make payment when due. (c) Money paid by Tenant to Landlord of rent will cause Landlord shall be applied to incur costs not contemplated by this LeaseTenant’s account in the following order: first, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may includeany unpaid additional rent, but are not limited to, administrative, processing and accounting including without limitation late charges, returned check charges, legal fees and/or court costs chargeable to Tenant hereunder; and then to unpaid Base Rent. (d) The parties agree that the late charge referenced in Section 5.4(b) represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment by Tenant, and the payment of late charges which may be imposed on and interest are distinct and separate in that the payment of interest is to compensate Landlord for the use of Landlord’s money by Tenant, while the terms payment of any ground leaselate charges is to compensate Landlord for Landlord’s processing, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received administrative and other costs incurred by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, as a late charge in a sum equal to the greater result of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each Tenant’s delinquent paymentpayments. Acceptance of a late charge by Landlord or interest shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it amount or prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid remedies available to Landlord by cashier's checkunder this Lease or at law or in equity now or hereafter in effect.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 5 days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment100.00. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is . Notwithstanding the foregoing, Landlord will not paid within five (5) days following assess a late charge until Landlord has given written notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with such late payment for the first late payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly any twelve (12) month period and after Tenant has not cured such late payment within three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, days from receipt of the Security Deposit by one hundred percent (100%)such notice. Should Tenant deliver to Landlord, at any time No other notices will be required during the Term, two following twelve (212) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant months for a late charge to be paid to Landlord by cashier's checkincurred.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 5 days of the date when due shall bear interest at the maximum rate permitted by law ten percent (10%) per annum from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) $100.00; provided that Landlord shalt waive the payment of said late charge for the initial delinquent payment of Basic Rent or Operating Expenses by Tenant during each calendar year of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentTerm. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord. Notwithstanding the foregoing, Landlord no such late charge or interest shall have the option (i) to require that beginning with be due on the first (and only the first) late payment of rent next due, rent shall no longer be paid Rent by Tenant in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time calendar year during the Term, two unless Tenant fails to make such payment within ten (210) days after its receipt of a written notice or more insufficient checks, the Landlord may require that all monies then and thereafter due delinquency from Tenant be paid to Landlord by cashier's checkLandlord.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due and after notice from Landlord shall bear interest at the maximum rate permitted by law ten percent (10%) per annum from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in in' advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or 2)or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the per annum rate of ten percent (10%) not to exceed the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Notwithstanding the foregoing, Landlord agrees to waive the foregoing late charge for the initial delinquent payment of rent by Tenant during each twelve (12) month period during the Term. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default All covenants and agreements to be performed by Tenant under any of the terms of this LeaseLease shall be performed by Tenant at Tenant's sole cost and expense and without any abatement of rent. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent any sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such cost being extremely difficult and impracticable impractical to ascertainfix. Those Such costs may include, but are not limited to, administrativewithout limitation, processing and accounting charges, and late charges which that may be imposed on Landlord by the terms of any ground lease, mortgage note or trust deed other obligation secured by any encumbrance covering the PremisesPremises or the Building of which the Premises are a part. AccordinglyTherefore, if any monthly installment of rent due from Tenant shall is not be received by Landlord by the date when due or Landlord's designee within five (5) days after the date duethereafter, then or if Tenant fails to pay any other sum of money when due hereunder or within five days thereafter, Tenant shall pay to Landlord, in addition to as additional rent, the interest provided above, a late charge in a sum equal to the greater of five ten percent (510%) of the overdue amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of as a late charge by Landlord charge. Landlord's acceptance of any late charge, or interest pursuant to Section 33.9, shall not be deemed to be liquidated damages, nor constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second remedies available to Landlord under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for 2 consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordmonths for whatever reason, Landlord shall have the option (i) to require that that, beginning with the first payment of rent next duedue following the imposition of the second consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkadvance.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. Notwithstanding the foregoing, the late charge for the initial late payment of rental during each Expense Recovery Period of the Term shall be waived by Landlord. (b) Following each second consecutive installment of rent during any 24-month period that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Termany 24-month period, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. The foregoing late charge shall not be charged, however, in connection with the initial payment of rent not paid by Tenant within five (5) days after the date due. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided, however, that such late charge shall be waived by Landlord for the first late payment only during the Term of this Lease. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) business days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) business days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) business days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of (i) five percent (5%) of the amount overdue that delinquent payment or Two (ii) One Hundred Fifty Dollars ($250.00) for each delinquent payment100.00). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) business days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five ten (510) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant's Share of Operating Expenses within any twelve (12) month period that is not paid within five ten (510) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant's Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant hereby acknowledges that the late payment by Tenant to Landlord of rent or any additional rent or other sums due hereunder will cause Landlord to incur costs not contemplated by in this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those Such costs may include, include but are not limited toto processing, administrative, processing administrative and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premisescosts. Accordingly, if any installment of rent or any additional rent or any other sum due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date such amount shall be due, then Tenant shall pay to Landlord, in addition to the interest provided above, Landlord a late charge in a sum equal to the greater of five percent (5%) of such overdue amount. If any installment of rent or any additional rent or any other sum due from Tenant shall not be received within thirty (30) days after such amount shall be due, Landlord shall incur additional processing, administrative and accounting costs. In order to compensate Landlord therefor, Tenant shall pay to Landlord an additional late charge equal to five percent (5%) of such overdue amount, including previous penalties. The parties hereby agrees that such late charges represent a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentcosts Landlord will incur by reason of late payment by Tenant. Acceptance Neither assessment nor acceptance of a such late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the such overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordremedies granted under the Lease. Nothing contained in this paragraph shall be deemed to condone, Landlord shall have authorize, sanction or grant to Tenant an option for the option (i) to require that beginning with the first late payment of rent, and Tenant shall be deemed in default in the payment of its rent next due, rent shall no longer should the same not be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase by the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkdate on which it is due.

Late Payments. (a) Any rent payment of Rent due under this Lease that is hereunder not received by Landlord within five (5) days of the date paid when due shall bear interest for each month or fraction thereof from the due date until paid in full at the annual rate of twelve percent (12%), or at any applicable lesser maximum legally permissible rate permitted by law from for debts of this nature (the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly“Default Rate”). (b) Additionally, if Tenant fails to make any rent due from Tenant shall not be received by Landlord or Landlord's designee payment within five (5) days after the due date duetherefor, then Landlord may charge Tenant a fee, which shall constitute liquidated damages, equal to One Thousand and NO/100 Dollars ($1,000.00) for each such late payment. Xxxxxxxx agrees to waive the late charge due hereunder for the first two (2) late payments by Xxxxxx under this Lease in any twelve (12) month period, provided that Landlord receives such payments from Tenant within five (5) days from the due date (but if payment is not received within said 5-day period, such late fee shall be payable by Tenant). (c) For each Tenant payment check to Landlord that is returned by a bank for any reason, Tenant shall pay to Landlord, in addition to the interest provided above, a late returned check charge in a sum equal to the greater of five percent amount as shall be customarily charged by Xxxxxxxx’s bank at the time. (5%d) Money paid by Tenant to Landlord shall be applied to Xxxxxx’s account in the following order: first, to any unpaid additional rent, including without limitation late charges, returned check charges, legal fees and/or court costs chargeable to Tenant hereunder; and then to unpaid Base Rent. (e) The parties agree that the late charge referenced in Section 5.4(b) represents a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) costs that Landlord will incur by reason of any late payment by Xxxxxx, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for each the use of Landlord’s money by Xxxxxx, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentpayments. Acceptance of a late charge by Landlord or interest shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it amount or prevent Landlord from exercising any of its the other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid remedies available to Landlord by cashier's checkunder this Lease or at law or in equity now or hereafter in effect.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five six (56) days months of the date when due shall bear interest at the maximum rate permitted by law from the date which is five (5) days after the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the any interest which may become due as provided above, a late charge in a sum equal to the greater of five percent (55 %) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second third consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment of Rent due under this Lease that is hereunder not received by Landlord within five (5) days of the date paid when due shall bear interest for each month or fraction thereof from the due date until paid in full at the annual rate of twelve percent (12%), or at any applicable lesser maximum legally permissible rate permitted by law from for debts of this nature (the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly“Default Rate”). (b) Additionally, if Tenant fails to make any rent due from Tenant shall not be received by Landlord or Landlord's designee payment within five (5) days after the due date duetherefor, then Landlord may charge Tenant a fee, which shall constitute liquidated damages, equal to One Thousand and NO/lOO Dollars ($1,000.00) for each such late payment. (c) For each Tenant payment check to Landlord that is returned by a bank for any reason, Tenant shall pay to Landlord, in addition to the interest provided above, a late returned check charge in a sum equal to the greater of five percent amount as shall be customarily charged by Landlord’s bank at the time. (5%d) Money paid by Tenant to Landlord shall be applied to Tenant’s account in the following order: first, to any unpaid Additional Rent, including without limitation late charges, returned check charges, legal fees and/or court costs chargeable to Tenant hereunder; and then to unpaid Base Rent. (e) The parties agree that the late charge referenced in Section 5.4(b) represents a fair and reasonable estimate of the amount overdue or Two Hundred Fifty Dollars ($250.00) costs that Landlord will incur by reason of any late payment by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of interest is to compensate Landlord for each the use of Landlord’s money by Tenant, while the payment of late charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent paymentpayments. Acceptance of a late charge by Landlord or interest shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it amount or prevent Landlord from exercising any of its the other rights and remediesremedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. (bf) Following each second consecutive installment of rent that is not paid within If Tenant during any six (6) month period shall be more than five (5) days following notice of nonpayment from Landlord, Landlord shall have delinquent in the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly any installment of Rent on three (3) months in advance and/or (ii) or more occasions, then, notwithstanding anything herein to the contrary, Landlord may, by written notice to Tenant, elect to require that Tenant increase the amount, if any, to pay all Base Rent and Additional Rent quarterly in advance. Such right shall be in addition to and not in lieu of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) other right or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid remedy available to Landlord by cashier's checkhereunder or at law on account of Tenant’s default hereunder.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five ten (510) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five ten (510) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive any third (3rd) installment of rent that is not paid within five ten (510) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, . Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checkscheeks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited Limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five ten (510) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00250,00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent and/or the payment of Tenant’s Share of Operating Expenses within any twelve (12) month period that is not paid within five ten (510) days following notice of nonpayment from Landlordthe date due, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent and the Tenant’s Share of Operating Expenses shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second third consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%)advance. Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payments due to Landlord under this Lease whether or not designated as additional rent hereunder, that is not received by Landlord within five (5) business days of following the date when due shall bear interest at the maximum rate permitted by law Interest Rate from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five ten (510) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two One Hundred Fifty Dollars ($250.00100.00) for each delinquent payment; provided that Landlord shall waive the payment of said late charge for the initial delinquent payment of Basic Rent or Operating Expenses by Tenant during any twelve (12) month period during the Lease Term. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. The foregoing late charge shall not be charged, however, in connection with the initial payment of rent not paid by Tenant within five (5) days after the date due. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's cashiers check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the lesser of twelve percent (12%) per annum or the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment; provided, however, that such late charge shall be waived on the first two (2) occasions only during the Term when rent is not paid within five (5) days after the date due provided Tenant makes such payment within five (5) days after written notice from Landlord. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following written notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of the date when due following notice from Landlord shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date duefollowing notice from Landlord, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent paymentoverdue. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five ten (510) days of following the date when due shall bear interest at the lesser of (i) the per annum rate of ten percent (10%) and (ii) the maximum rate permitted by law (“Interest Rate”) from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) business days after the date receipt by Tenant from Landlord of written notice that same has not been paid when due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater lesser of five two percent (52%) of the amount overdue or Two Hundred Fifty Thousand Dollars ($250.002,000.00) for each delinquent payment; provided that in no event shall such late charge be less than One Hundred Dollars ($100.00). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars of one hundred dollars ($250.00100.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default All covenants and agreements to be performed by Tenant under any of the terms of this LeaseLease shall be performed by Tenant at Tenant’s sole cost and expense and without any abatement of rent, except in circumstances where abatement of rent is contemplated pursuant to Section 3.3. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent any sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be such cost being extremely difficult and impracticable impractical to ascertainfix. Those Such costs may include, but are not limited to, administrativewithout limitation, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the PremisesLandlord’s financing charges. AccordinglyTherefore, if any monthly installment of rent due from Tenant shall is not be received by Landlord within ten (10) days of the date when due, or Landlord's designee within five if Tenant fails to pay any other sum of money due hereunder payable for ten (510) days after the date duesame shall become payable (whether formally demanded or not), then Tenant shall pay to Landlord on demand, as additional rent, daily interest on all such sums outstanding at the monthly rate of 1 % calculated from the date on which the same shall be due for payment until the date of payment as liquidated damages and not as penalty. Landlord’s acceptance of any late charge, in addition or interest pursuant to the interest provided aboveSection 32.9, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute be, nor constituted a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its the other rights and remedies. remedies (bincluding but without prejudice to the generality of the foregoing the right of re-entry) Following each second available to Landlord and exercisable under this Lease or any law now or hereafter in effect. Further, in the event such late charge is imposed by Landlord for three (3) consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlordmonths for whatever reason, Landlord shall have the option (i) to require that that, beginning with the first payment of rent next duedue following the imposition of the third consecutive late charge, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's checkadvance.

Late Payments. (a) Any rent due under this Lease that is not received by Landlord within five (5) business days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, to administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's designee within five (5) business days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) business days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable in quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant’s Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant’s Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant’s Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, interest payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant’s Share of Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by Landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five (5) days of following the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground pound lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) days after following the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater of five three percent (5%) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breech or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two three (23) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashiercashiers check. If any check for any payment to Landlord hereunder is returned by the bank for any reason, such payment shall not be deemed to have been received by Landlord and Tenant shall be responsible for any applicable late charge, internet payment and the charge to Landlord by its bank for such returned check. Nothing in this Section shall be construed to compel Landlord to accept Basic Rent, Tenant's checkShare or Operating Expenses or any other payment from Tenant if there exists an Event of Default unless such payment fully cures any and all such Event of Default. Any acceptance of any such payment shall not be deemed to waive any other right of Landlord under this Lease. Any payment by Tenant to Landlord may be applied by Landlord, in its sole and absolute discretion, in any order determined by landlord to any amounts then due to Landlord.

Late Payments. (a) Any rent Rent due under this Lease that is not received by paid to Landlord within five (5) 5 days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) 5 days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five percent (i) 5%% of that delinquent payment or (ii) of the amount overdue or Two Hundred Fifty Dollars ($250.00) for each delinquent payment100.00. Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default ’s Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent Basic Rent that is not paid within five (5) 5 days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent Basic Rent next due, rent Basic Rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) 3 months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) 2 or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.

Late Payments. (a) Any rent payment due to Landlord under this Lease Lease, including without limitation Basic Rent, Tenant's Share of Operating Expenses or any other payment due to Landlord under this Lease, that is not received by Landlord within five one (51) days of business day following the date when due shall bear interest at the lesser of (i) the rate publicly announced and in effect in California, as of the date of the initial Tenant breach, by the Bank of America (or by Xxxxx Fargo Bank if Bank of America is not then conducting business in California) as its Prime Rate or its Reference Rate or other similar benchmark, as quoted at its Los Angeles Main Branch, plus two percent (2%) and (ii) the maximum rate permitted by law ("INTEREST RATE") from the date due until fully paid. The payment of interest shall not cure any default breach or Event of Default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent Basic Rent and Tenant's Share of Operating Expenses will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent Basic Rent or Tenant's Share of Operating Expenses due from Tenant shall not be received by Landlord or Landlord's designee within five (5) business days after the date receipt by Tenant from Landlord of written notice that same has not been paid when due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge charge, which the Tenant agrees is reasonable, in a sum equal to the greater lesser of five two percent (52%) of the amount overdue or Two Thousand Dollars ($2,000.00) for each delinquent payment; provided that in no event shall such late charge be less than Two Hundred Fifty Dollars ($250.00) for each delinquent payment). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's default breach or Event of Default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's check.

Late Payments. (a) Any rent due under this Lease that is not received by paid to Landlord within five (5) days of the date when due shall bear interest at the maximum rate permitted by law from the date due until fully paid. The payment of interest shall not cure any default by Tenant under this Lease. In addition, Tenant acknowledges that the late payment by Tenant to Landlord of rent will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult and impracticable to ascertain. Those costs may include, but are not limited to, administrative, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any ground lease, mortgage or trust deed covering the Premises. Accordingly, if any rent due from Tenant shall not be received by Landlord or Landlord's ’s designee within five (5) days after the date due, then Tenant shall pay to Landlord, in addition to the interest provided above, a late charge in a sum for each delinquent payment equal to the greater of five (i) four percent (54%) of the amount overdue that delinquent payment or Two Hundred Fifty Dollars (ii) two hundred and fifty dollars ($250.00) for each delinquent payment). Acceptance of a late charge by Landlord shall not constitute a waiver of Tenant's ’s default with respect to the overdue amount, nor shall it prevent Landlord from exercising any of its other rights and remedies. (b) Following each second consecutive installment of rent that is not paid within five (5) days following notice of nonpayment from Landlord, Landlord shall have the option (i) to require that beginning with the first payment of rent next due, rent shall no longer be paid in monthly installments but shall be payable quarterly three (3) months in advance and/or (ii) to require that Tenant increase the amount, if any, of the Security Deposit by one hundred percent (100%). Should Tenant deliver to Landlord, at any time during the Term, two (2) or more insufficient checks, the Landlord may require that all monies then and thereafter due from Tenant be paid to Landlord by cashier's ’s check.