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 Rent for the first partial month, if any, shall be payable at the beginning of said period or as Prepaid Rent. The obligation of Tenant to pay 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 rents. Time is of the essence in the performance of all of Tenant's obligations hereunder. In the event any rent or other amount payable by Tenant under this Lease is not received within five (5) business days after its due date for any reason whatsoever, or if any 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 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 rent. In addition, (i) if 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 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 check 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 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 Rent Rental for the first partial month, if any, shall be payable at the beginning of said period or as Prepaid RentRental. The obligation of Tenant to pay rents 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 rentsrentals. Time is of the essence in the performance of all of Tenant's obligations hereunder. In the event any rent or other amount payable by Tenant under this Lease rental is not received within five ten (510) 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 amount 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 rentrental. In addition, (i) if rent 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 rent rental 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 check 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 annumcheck.

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 Rent Rental for the first partial month, if any, shall be payable at the beginning of said period or as Prepaid RentRental. The obligation of Tenant to pay rents 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 rentsrentals. Time is of the essence in the performance of all of Tenant's ’s obligations hereunder. In the event any rent or other amount payable by Tenant under this Lease rental is not received within five (5) business days after its due date for any reason whatsoeverwhatsoever within ten (10) days after written notice from Landlord that the same is due (provided, however, that if in any consecutive twelve month period Landlord has given at least two written notices of delinquency to Tenant, then for the 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 amount 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 rentrental. In addition, (i) if rent 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 rent rental 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 check 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 annumcheck.

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 Rent Rental for the first First partial month, if any, shall be payable at the beginning of said period or as Prepaid RentRental. The obligation of Tenant to pay rents 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 rentsrent. Time is of the essence in the performance of all of Tenant's obligations hereunder. In the event any rent or other Any amount payable which becomes owing by Tenant under this Lease is not received within five to Landlord hereunder shall bear interest at the highest lawful rate per annum from the fifth (55th) business days day after its the due date for any reason whatsoeveruntil paid, or if any 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 amount 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 rent. rental In addition, (i) if rent 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 rent 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 reasonable expense and effort in connection with the dishonored check 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 annumcheck.