Common use of Overdue Payments Clause in Contracts

Overdue Payments. If any payment required to be made by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth (5th) day after the date such payment is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord a late fee equal to the greater of (a) five percent (5%) of such overdue payment or (b) two hundred fifty dollars ($250.00); and (ii) such overdue payment shall bear interest, from the date such overdue payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate); provided, however, that if on two (2) occasions in any calendar year a payment required to be made by Tenant to Landlord shall not have been received by Landlord by 5:00 pm local time on the date such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Lease.

Overdue Payments. If Tenant acknowledges that a late payment of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for seven (5th7) day days after the date such payment amount is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("Late Charge") equal to the greater of (a) five percent (5%) % of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interestinterest at a rate equal to 18% per annum but not in excess of the highest lawful rate permitted under applicable laws, calculated from the original due date such overdue thereof to the date of payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate"Overdue Fee"); provided, however, that the minimum Overdue Fee shall be $100.00. In addition, if on payments are received by check or draft from Tenant, and two (2) occasions or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any calendar year a payment required twelve (12) month period, Landlord may thereafter require all Rent and other payments due hereunder from Tenant to Landlord to be made by Tenant to bank cashier's or bank certified check or other similar means of payment and Landlord shall not have been received by Landlord by 5:00 pm local time on the date be required to accept any checks or drafts of Tenant which do not comply with such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Leaserequirements.

Overdue Payments. If Tenant acknowledges that a late payment of ---------------- Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for seven (5th7) day days after the date such payment amount is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("Late Charge") equal to the greater of (a) five four percent (54%) of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interest, from the date such overdue payment was due until it is paid, interest at the higher of (a) five a rate equal to fourteen percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (1814%) per annum (or, if lower, but not in excess of the highest legal ratelawful rate permitted under applicable laws, calculated from the original due date thereof to the date of payment ("Overdue Fee"); provided, however, that the minimum Overdue Fee shall be One Hundred Dollars ($100.00). In addition, if on payments are received by check or draft from Tenant, and two (2) occasions or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any calendar year a payment required twelve (12) month period, Landlord may thereafter require all Rent and other payments due hereunder from Tenant to Landlord to be made by Tenant to bank cashier's or bank certified check or other similar means of payment and Landlord shall not have been received by Landlord by 5:00 pm local time on the date be required to accept any checks or drafts of Tenant which do not comply with such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Leaserequirements.

Overdue Payments. If Tenant acknowledges that a late payment of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for five (5th5) day days after the date such payment amount is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("Late Charge") equal to the greater of (a) five percent (5%) % of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interestinterest at a rate equal to 12% per annum but not in excess of the highest lawful rate permitted under applicable laws, calculated from the original due date such overdue thereof to the date of payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate"Overdue Fee"); provided, however, that the minimum Overdue Fee shall be $100.00. In addition, if on payments are received by check or draft from Tenant, and two (2) occasions or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any calendar year a payment required twelve (12) month period, Landlord may thereafter require all Rent and other payments due hereunder from Tenant to Landlord to be made by Tenant to bank cashier's or bank certified check or other similar means of payment and Landlord shall not have been received by Landlord by 5:00 pm local time on the date be required to accept any checks or drafts of Tenant which do not comply with such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Leaserequirements.

Overdue Payments. If Tenant acknowledges that a late payment of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for five (5th5) day days after the date TENANT'S RECEIPT OF LANDLORD'S WRITTEN NOTICE THAT such payment amount is PAST due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("Late Charge") equal to the greater of (a) five percent (5%) % of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interestinterest at a rate equal to FOUR PERCENTAGE POINTS ABOVE THE PRIME RATE OF INTEREST PUBLISHED OR ANNOUNCED FROM TIME TO TIME BY SEATTLE FIRST NATIONAL BANK OR ITS SUCCESSOR per annum but not in excess of the highest lawful rate permitted under applicable laws, calculated from the original due date such overdue thereof to the date of payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate"Overdue Fee"); provided, however, that if on two (2) occasions in any calendar year a payment required to be made by Tenant to Landlord shall not have been received by Landlord by 5:00 pm local time on the date such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee minimum Overdue Fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Lease$100.00.

Overdue Payments. If Tenant acknowledges that a late payment of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for seven (5th7) day days after the date such payment amount is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("Late Charge") equal to the greater of (a) five percent (5%) % of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interestinterest at a rate equal to 18% per annum but not in excess of the highest lawful rate permitted under applicable laws, calculated from the original due date such overdue thereof to the date of payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate"Overdue Fee"); provided, however, that the minimum Overdue Fee shall be $ 100.00. In addition, if on payments are received by check or draft from Tenant, and two (2) occasions or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any calendar year a payment required twelve (12) month period, Landlord may thereafter require all Rent and other payments due hereunder from Tenant to Landlord to be made by Tenant to bank cashier's or bank certified check or other similar means of payment and Landlord shall not have been received by Landlord by 5:00 pm local time on the date be required to accept any checks or drafts of Tenant which do not comply with such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Leaserequirements.

Overdue Payments. If any payment required to be made by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth (5th) day after the date such payment is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord a late fee equal to the greater of (a) five percent (5%) of such overdue payment payment, or (b) two five hundred fifty dollars ($250.00500); and (ii) such overdue payment shall bear interest, from the date such overdue payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate); provided, however, that if on two (2) occasions in any calendar year a payment required to be made by Tenant to Landlord shall not have been received by Landlord by 5:00 pm local time on the date such payment is due, then, and for the next twelve (12) calendar monthsremainder of the Lease term, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Lease.Paragraph

Overdue Payments. If Tenant acknowledges that a late payment of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited, to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for seven (5th7) day days after the date such payment amount is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("Late Charge") equal to the greater of (a) five percent (5%) % of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interestinterest at a rate equal to 18% per annum but not in excess of the highest lawful rate permitted under applicable laws, calculated from the original due date such overdue thereof to the date of payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate"Overdue Fee"); provided, however, that the minimum Overdue Fee shall be $ 100.00. In addition, if on payments are received by check or draft from Tenant, and two (2) occasions or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any calendar year a payment required twelve (12) month period, Landlord may thereafter require all Rent and other payments due hereunder from Tenant to Landlord to be made by Tenant to bank cashier's or bank certified check or other similar means of payment and Landlord shall not have been received by Landlord by 5:00 pm local time on the date be required to accept any checks or drafts of Tenant which do not comply with such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Leaserequirements.

Overdue Payments. If Tenant acknowledges that a late payment of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, but not be limited to, processing and accounting charges, and penalties imposed by terms of any payment required contracts, mortgages or deeds of trust covering the Building. Therefore, in the event Tenant shall fail to be made pay any Rent, Additional Rent or other sums payable by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth for five (5th5) day days after the date such payment amount is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord Landlord, as Additional Rent, a late fee charge ("LATE CHARGE") equal to the greater of (a) five percent (5%) of such overdue payment amount owing, but not in excess of the highest rate permitted by law. In addition to any Late Charges which may be incurred hereunder, any Rent, Additional Rent or other sums payable by Tenant under this Lease which are more than thirty (b30) two hundred fifty dollars ($250.00); and (ii) such overdue payment days past due, shall bear interest, from the date such overdue payment was due until it is paid, interest at the higher of (a) five percent (5%) above the highest prime a rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time equal to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, but not in excess of the highest legal rate); lawful rate permitted under applicable laws, calculated from the original due date thereof to the date of payment, provided, however, that the minimum overdue fee shall be One Hundred Dollars ($100). In addition, if on payments are received by check or draft from Tenant, and two (2) occasions or more of such checks or drafts are dishonored by the bank or other financial institution they were drawn upon in any calendar year a payment required twelve (12) month period, Landlord may thereafter require all Rent and other payments due hereunder from Tenant to Landlord to be made by Tenant to bank cashiers or bank certified check or other similar means of payment and Landlord shall not have been received by Landlord by 5:00 pm local time on the date be required to accept any checks or drafts of Tenant which do not comply with such payment is due, then, and for the next twelve (12) calendar months, Tenant shall not be entitled to the five (5) day grace period set forth above in this Paragraph, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Leaserequirements.

Overdue Payments. If any payment required to be made by Tenant to Landlord under this Lease shall not have been received by Landlord by 5:00 pm local time on the fifth (5th) day after the date such payment is due, then (i) in addition to such payment, and in order to partially compensate Landlord for the extra expense incurred in the handling of overdue payments, Tenant shall pay Landlord a late fee equal to the greater of (a) five percent (5%) of such overdue payment payment, or (b) two hundred fifty dollars ($250.00250); and (ii) such overdue payment shall bear interest, from the date such overdue payment was due until it is paid, at the higher of (a) five percent (5%) above the highest prime rate published in the Wall Street Journal, if available (and, if not available, then such comparable substitute rate as may be selected by Landlord), from time to time, and (b) the rate of eighteen percent (18%) per annum (or, if lower, the highest legal rate); provided, however, that if on two (2) occasions in any calendar year a payment required to be made by Tenant to Landlord shall not have been received by Landlord by 5:00 pm local time on the date such payment is due, then, and for the next twelve (12) calendar monthsremainder of the Lease term, Tenant shall not be entitled to the five (5) day grace period set forth above in this ParagraphSection, and the late fee shall be charged, and interest shall commence to accrue, if a payment is not received by Landlord by 5:00 pm local time on the date such payment is due. The late fee and interest set forth in this Paragraph Section shall not affect any other right or remedy available to Landlord as a result of a failure by Tenant to make any payment as required under this Lease.