Common use of Payments and Performance Clause in Contracts

Payments and Performance. Tenant agrees to pay all rents and sums ------------------------ provided to be paid by Tenant pursuant to this Lease at the times and in the manner herein provided, without any setoff, deduction or counterclaim whatsoever. Should this Lease commence on a day other than the first day of a calendar month or terminate on a day other than the last day of a calendar month, the rent for such partial month shall be proportionately reduced. The Base Rental for the first partial month, if any, shall be payable at the beginning of said period or as Prepaid Rental. The obligation of Tenant to pay rentals is an independent covenant, and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant from the obligation to pay rentals. Time is of the essence in the performance of all of Tenant's obligations hereunder. In the event any rental is not received within ten (10) days after its due date for any reason whatsoever, or if any rental payment is by check which is returned for insufficient funds, then in addition to the past due amount Tenant shall pay to Landlord a late charge in an amount equal to five percent (5%) of the rental then due, in order to compensate Landlord for its administrative and other overhead expenses. Any such late charge shall be payable on demand as additional rental. In addition, if rental is paid by a check which is returned for insufficient funds, Tenant shall immediately make the required payment to Landlord in good funds; moreover, in such event Tenant shall also pay to Landlord not only the late charge specified above in this Paragraph 6 (i.e., if and to the extent that such dishonored check causes the rental to become past due by more than ten days), but also an additional fee of $250.00 to compensate Landlord for its expense and effort in connection with the dishonored check.

Payments and Performance. Tenant agrees to pay all rents and sums ------------------------ provided to be paid by Tenant pursuant to this Lease at the times and in the manner herein provided, without without, except as expressly provided for herein, any setoff, deduction or counterclaim whatsoever. Should this Lease commence on a day other than the first day of a calendar month or terminate on a day other than the last day of a calendar month, the rent for such partial month shall be proportionately reduced. The Base Rental for the first partial month, if any, shall be payable at the beginning of said period or as Prepaid Rental. The obligation of Tenant to pay rentals is an independent covenant, and and, except as expressly provided for herein, no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant from the obligation to pay rentals. Time is of the essence in the performance of all of Tenant's ’s obligations hereunder. In the event any rental is not received for any reason whatsoever within ten (10) days after its written notice from Landlord that the same is due date (provided, however, that if in any consecutive twelve month period Landlord has given at least two written notices of delinquency to Tenant, then for any reason whatsoeverthe ensuing consecutive twelve month period there shall be no requirement of written notice from Landlord to Tenant), or if any rental payment is by check which is returned for insufficient funds, then in addition to the past due amount Tenant shall pay to Landlord a late charge in an amount equal to five percent (5%) of the rental then due, in order to compensate Landlord for its administrative and other overhead expenses. Any such late charge shall be payable on demand as additional rental. In addition, if rental is paid by a check which is returned for insufficient funds, Tenant shall immediately make the required payment to Landlord in good funds; moreover, in such event Tenant shall also pay to Landlord not only the late charge specified above in this Paragraph 6 (i.e., if and to the extent that such dishonored check causes the rental to become past due by more than ten days), but also an additional fee of $250.00 to compensate Landlord for its expense and effort in connection with the dishonored check.

Payments and Performance. Tenant agrees to pay all rents and sums ------------------------ provided to be paid by Tenant pursuant to this Lease at the times and in the manner herein provided, without any setoff, deduction or counterclaim whatsoever. Should this Lease commence on a day other than the first day of a calendar month or terminate on a day other than the last day of a calendar month, the rent for such partial month shall be proportionately reduced. The Base Rental Rent for the first partial month, if any, shall be payable at the beginning of said period or as Prepaid RentalRent. The obligation of Tenant to pay rentals rents is an independent covenant, and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant from the obligation to pay rentalsrents. Time is of the essence in the performance of all of Tenant's obligations hereunder. In the event any rental rent or other amount payable by Tenant under this Lease is not received within ten five (105) business days after its due date for any reason whatsoever, or if any rental payment is by check which is returned for insufficient funds, then in addition to the past due amount Tenant shall pay to Landlord a late charge in an amount equal to five percent (5%) of the rental amount then due., in order to compensate Landlord for its administrative and other overhead expenses. Any such late charge shall be payable on demand as additional rentalrent. In addition, (i) if rental rent is paid by a check which is returned for insufficient funds, Tenant shall immediately make the required payment to Landlord in good funds; moreover, in such event Tenant shall also pay to Landlord not only the late charge specified above in this Paragraph 6 (i.e., if and to the extent that such dishonored check causes the rental rent to become past due by more than ten days), but also an additional fee of $250.00 to compensate Landlord for its reasonable expense and effort in connection with the dishonored checkcheck and not otherwise included under Operating Expenses in this Lease, and (ii) if any payment due under this Lease is not paid within ten (10) days after the date herein specified to be paid, the amount of such payment shall bear interest from the date such payment is due to the date of actual payment at the rate of twelve percent (12%) per annum.

Payments and Performance. Tenant agrees to pay all rents and sums ------------------------ provided to be paid by Tenant pursuant to this Lease at the times and in the manner herein provided, without any setoff, deduction or counterclaim whatsoever. Should this Lease commence on a day other than the first First day of a calendar month or terminate on a day other than the last day of a calendar month, the rent for such partial month shall be proportionately reduced. The Base Rental for the first First partial month, if any, shall be payable at the beginning of said period or as Prepaid Rental. The obligation of Tenant to pay rentals such rent is an independent covenant, and no act or circumstance whatsoever, whether such act or circumstance constitutes a breach of covenant by Landlord or not, shall release Tenant from the obligation to pay rentalsrent. Time is of the essence in the performance of all of Tenant's obligations hereunder. In Any amount which becomes owing by Tenant to Landlord hereunder shall bear interest at the event any rental is not received within ten highest lawful rate per annum from the fifth (105th) days day after its the due date for any reason whatsoeveruntil paid, or if any rental payment unless there is no maximum rate of interest provided by check law with respect to such amount, in which is returned for insufficient funds, then in addition to event such amount shall bear interest at the past due amount Tenant shall pay to Landlord a late charge in an amount equal to five rate of eighteen percent (518%) of per annum from the rental then due, in order to compensate Landlord for its administrative and other overhead expensesfifth (5th) day after the due date until paid. Any such late charge accrued interest shall be payable on demand as additional rental. rental In addition, if rental is paid by a check which is returned for insufficient funds, . Tenant shall immediately make the required payment to Landlord in good funds; : moreover, in such event Tenant shall also pay to Landlord not only the late charge interest specified above in this Paragraph 6 (i.e., if and to the extent that such dishonored check causes the rental to become past due by more than ten Five days), but also an additional fee of $250.00 l00.00 to compensate Landlord for its expense and effort in connection with the dishonored check.