Common use of Rent and Payment Clause in Contracts

Rent and Payment. During the Initial Term of the Lease, Lessee shall pay Lessor rent as indicated on the Schedule, which shall be due and payable in advance each month on or before the payment date shown in each Schedule (the “Rent Payment Date”). The term “rent” includes amounts due Lessor for Financed Items. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent on the Property from the Installation Date on the Acceptance Certificate to the Commencement Date of the Lease. All rent and other amounts due hereunder shall be paid to Lessor at Lessor’s address set forth above or at such place as Lessor shall designate. Whenever any payment (of rent or otherwise) is not made within ten (10) days after the date such payment is due, Lessee shall pay a late charge calculated at one and one-half percent (1.5%) of the amount overdue for each month or portion thereof that such amount remains unpaid. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect to any overdue amount or prevent Lessor from exercising any other available rights and remedies. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease shall be borne by Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULE, THIS LEASE IS NON-CANCELABLE. Lessee’s obligation to pay rent and any other amounts due under the Lease shall be absolute and unconditional, and shall not be subject to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each Schedule, to the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies under Article 2A-508 through 522 of the Uniform Commercial Code (“UCC”).

Rent and Payment. During the Initial Term of the Lease, Lessee shall pay Lessor as rent as indicated for use of the Property, aggregate rentals equal to the sum of all the Monthly Rentals (defined in the Schedule) and other payments due under the Lease for the entire Initial Period. The Monthly Rental shall begin on the Schedule, which Acceptance Date and shall be due and payable by Lessee in advance on the first day of each month on or before throughout the payment date shown in each Schedule (Initial Period. If the “Rent Payment Date”). The term “rent” includes amounts due Lessor for Financed Items. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent Date does not fall on the Property first day of a calendar quarter, then the first rental payment shall be calculated by multiplying the number of days from the Installation Date on and including the Acceptance Certificate Date to the Commencement Date by a daily rental equal to one thirtieth (1/30) of the Lease. All rent Monthly Rental, and other amounts due hereunder shall be paid due and payable on the Acceptance Date. Lessee shall pay all rentals to Lessor Lessor, or its assigns, at Lessor’s address set forth above (or at such place as Lessor shall designate. Whenever any payment (of rent or otherwise) is not made within ten (10) days after the date such payment is dueotherwise directed in writing by Lessor, Lessee shall pay a late charge calculated at one and one-half percent (1.5%) of the amount overdue for each month or portion thereof that such amount remains unpaid. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect to any overdue amount or prevent Lessor from exercising any other available rights and remedies. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease shall be borne by Lesseeassigns), without notice or demand. EXCEPT AS OTHERWISE PROVIDED IN LESSEE SHALL NOT AXXXX, SET OFF OR DEDUCT ANY SCHEDULE, AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL OR OTHER PAYMENT DUE FOR ANY REASON. THIS LEASE IS NON-CANCELABLECANCELABLE FOR THE ENTIRE TERM OF THE INITIAL PERIOD AND ANY EXTENSION PERIODS. Lessee’s obligation to pay rent and If any rental or other amounts payment due under the any Lease shall be absolute and unconditionalunpaid after its due date, and shall Lessee will pay on demand, as a late charge, but not be subject as interest, the greater of twenty–five dollars ($25) or five percent (5%) of any such unpaid amount but in no event to exceed maximum lawful charges. If late charges are assessed by a lending institution due to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon late payment by Lessee’s execution of the Acceptance Certificate for each Schedule, to the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies under Article 2A-508 through 522 of the Uniform Commercial Code (“UCC”)agrees to pay such late charges or to reimburse Lessor for their payment.

Rent and Payment. During Lessee shall pay to Lessor all the Initial rental payments as shown in the applicable Schedule ("Rent") during the Term of the Lease, except as such Rent may be adjusted pursuant to this Section and Sections 2 and 8 of a Schedule, plus such additional amounts as are due Lessor under the Lease. Rent shall be paid as designated in the applicable Schedule in advance on the first day of each Payment Period ("Rent Payment Date"). If the Commencement Date is not the first day of a calendar month (or other Payment Period), Lessee shall pay Lessor rent as indicated to Lessor, on demand, interim Rent prorated daily based on a 360-day year for each day from and including the Schedule, which shall be due Commencement Date to and payable in advance each including the last day of such month or other Payment Period. The Rent is based upon the Price of the System and the acceptance of the System by Lessee on or before the payment date shown Commitment Date set forth in each Schedule (the “Rent Payment Date”)applicable Schedule. The term “rent” includes amounts due "Price" of the System shall be as set forth in the Schedule, and shall exclude all other costs, including sales or other taxes included in the Supplier Agreement as part of the purchase price. If the Price is increased or decreased as a result of a job change order ("JCO"), the Lessee authorizes Lessor for Financed Itemsto adjust the Rent. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent on the Property from the Installation Date on the Acceptance Certificate to If the Commencement Date of occurs after the Lease. All rent Commitment Date, and other amounts due hereunder Lessor waives the condition precedent that the Commencement Date occur on or before the Commitment Date, Lessor's then-current Lease Rate Factor for similar transactions shall be paid apply and the Lessee authorizes Lessor to Lessor at Lessor’s address set forth above or at such place as Lessor shall designateadjust the Rent, accordingly. Whenever any payment (of rent Rent or otherwise) other amount is not made within ten (10) days after the date such payment is when due, Lessee shall agrees to pay on demand (as a late charge calculated at one fee to offset Lessor's collection and oneadministrative expenses), the greater of twenty-half five dollars ($25.00) or ten percent (1.510%) of each such overdue amount, but not exceeding the amount overdue for each month or portion thereof that such amount remains unpaidlawful maximum, if any. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge All payments shall be paid payable to Lessor in U.S. dollars at Lessor's address set forth in Section 18 or such other place as liquidated damages and not as a penaltyLessor directs in writing. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect If Lessee requests changes or amendments to any overdue amount Lease, Lessor may charge Lessee Lessor's reasonable costs and expenses of negotiation and documentation, including fees of legal staff or prevent Lessor from exercising any other available rights and remedies. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease shall be borne by Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULE, THIS LEASE IS NON-CANCELABLE. Lessee’s obligation to pay rent and any other amounts due under the Lease shall be absolute and unconditional, and shall not be subject to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each Schedule, to the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies under Article 2A-508 through 522 of the Uniform Commercial Code (“UCC”)outside counsel.

Rent and Payment. During the Initial Term of the Lease, Lessee shall pay Lessor rent as indicated on the Schedule, which shall be due and payable in advance each month on or before the payment date shown in each Schedule (the “Rent Payment Date”). The term “rent” includes amounts due Lessor for Financed Items. The amount of monthly rental payments shall be determined as provided in the addendum to this Lease (the “Pricing Addendum”), which shall remain in effect until the expiration date set forth in the Pricing Addendum, or as the parties shall otherwise mutually agree in writing from time to time. In the event of any inconsistency between the Pricing Addendum and any Schedule, the Schedule shall prevail. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent on the Property from the Installation Date on the Acceptance Certificate to the Commencement Date of the Lease. All rent and other amounts due hereunder shall be paid to Lessor at Lessor’s address set forth above or at such place as Lessor shall designate. Whenever For any rental payment (of rent or otherwise) due hereunder which is not made paid within ten (10) days after the date such payment is due, Lessee shall pay a late charge calculated at a rate of one and one-one half percent (1.5%) of the amount overdue for each month or portion thereof that such amount remains unpaidpayment. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect to any overdue amount or prevent Lessor from exercising any other available rights and remedies. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease Payments received shall be borne applied first to undisputed delinquent amounts due, then to current installments. If any such rental payment is made by Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULEcheck and such check is returned to Lessor for any reason, THIS LEASE IS NON-CANCELABLE. including without limitation, insufficient funds in Lessee’s obligation to pay rent and any other amounts due under the Lease account, then Lessee shall be absolute and unconditional, and shall not be subject to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each Schedule, assessed a fee equal to the extent lesser of $30.00 or the maximum permitted by applicable law, Lessee hereby waives in addition to any and all rights and remedies under Article 2A-508 through 522 of the Uniform Commercial Code (“UCC”)other late charge or any other fee which may be applicable.

Rent and Payment. During As to any Equipment leased thereunder. the "Monthly Rental" payable by Lessee to Lessor shall be set forth in the applicable Schedule. The Monthly Rental shall begin on the Acceptance Date and shall be payable by Lessee in advance on the first day of each month throughout the Initial Term Period and any Automatic Renewal Period. Lessee's obligation to pay shall begin on the Acceptance Date. Rent will be invoiced in advance of the Leasefirst day of the Payment Period. When the Acceptance Date is not on the first day of a calendar month, the applicable payment will be prorated on the basis of 30-day months. Lessee shall pay Lessor rent as indicated on the Scheduleall Monthly Rental to Lessor, which shall be due and payable in advance each month on its successors or before the payment date shown in each Schedule (the “Rent Payment Date”). The term “rent” includes amounts due Lessor for Financed Items. During any Installation Periodassigns, for each Acceptance Certificate, Lessee shall pay rent on the Property from the Installation Date on the Acceptance Certificate to the Commencement Date of the Lease. All rent and other amounts due hereunder shall be paid to Lessor at Lessor’s 's address set forth above (or at such place as Lessor shall designate. Whenever otherwise directed in writing by Lessor, its successors or assigns), whether or not Lessee has received any payment (of rent or otherwise) is not made within ten (10) days after the date notice that such payment is due. LESSEE SHALL NOT XXXXX, Lessee SET OFF, OR DEDUCT ANY AMOUNT OR DAMAGES FROM OR REDUCE ANY MONTHLY RENTAL FOR ANY REASON WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, ITS SUCCESSORS OR ASSIGNS. Late charges on any past due payments, taxes or other charges hereunder shall pay a late charge calculated accrue at one and one-half percent (1.5%) the rate of the amount overdue for each 2% per month or portion thereof if such rate shall exceed the maximum rate allowed by law, then at the highest rate that is permitted to be charged on liquidated amounts after judgement) beginning with the date that such amount remains unpaid. The parties agree that was due and continuing until the amount of is paid. If late charges are assessed by a lending institution due to any late payment, Lessee agrees to pay such late charge represents a reasonable estimate of the cost charges or to reimburse Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect to any overdue amount or prevent Lessor from exercising any other available rights and remedies. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease shall be borne by Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULE, THIS LEASE IS NON-CANCELABLE. Lessee’s obligation to pay rent and any other amounts due under the Lease shall be absolute and unconditional, and shall not be subject to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each Schedule, to the extent permitted by applicable law, Lessee hereby waives any and all rights and remedies under Article 2A-508 through 522 of the Uniform Commercial Code (“UCC”)their payment.

Rent and Payment. During As rental for the Equipment described on any Equipment Schedule, during each period of the Initial Term of the applicable Lease, Lessee shall pay to Lessor rent as indicated the Rent on the such Equipment Schedule, which shall be due and payable in advance on the first day of each month such period (a "Rent Payment Date") without further notice or demand. Lessee's obligation to pay Rent to Lessor shall begin on or before the Installation Date (defined in Section 4). If the Installation Date of any Lease shall be other than the FIRST day of a period, Lessee shall make an initial payment of Rent on the payment date shown set forth in each the invoice delivered by Lessor on the installation Date in an amount equal to the daily rate of the Rent on the related Equipment Schedule (the “Rent Payment Date”). The term “rent” includes amounts due Lessor for Financed Items. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent on the Property day from and including the Installation Date on through and including the Acceptance Certificate last day of the period prior to the Commencement Date of the LeaseDate. All rent and other amounts due hereunder Rent shall be paid to at the address of Lessor at Lessor’s address as set forth above or at such place as the Lessor shall designate. Whenever Lessor intends to invoice Lessee at least fifteen days prior to each Rent Payment Date, but Lessors failure to provide an invoice or any payment (of rent or otherwise) is not made within ten (10) days after the date such payment is due, other notice to Lessee shall pay a late charge calculated at one and one-half percent (1.5%) of the amount overdue for each month or portion thereof that such amount remains unpaid. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of relating to any late charge by Lessor Rent Payment Date shall not constitute a waiver of default with respect in any way relieve or defer Lessee's obligation to any overdue amount or prevent Lessor from exercising any other available rights and remediespay Rent on the Rent Payment Date. This Each Lease is constitutes a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property Equipment or its lease Lease shall be borne bome by the Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULE, THIS LEASE IS NON-CANCELABLE. Lessee’s 's obligation to pay rent Rent and any other amounts due payable by Lessee under the any Lease shall be absolute and unconditional, and shall not be subject to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor, any Assignee of Lessor or any assignee Secured Party (as defined in Section 6) for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each ScheduleLessee waives, to the maximum extent permitted by applicable law, Lessee hereby waives any and all rights and remedies Lessee may have against Lessor under Article 2A-508 through 522 of applicable provisions o` the Uniform Commercial Code (“"UCC”"), and any rights now or hereafter conferred by statute or otherwise that might otherwise limit or modify any of Lessors rights or remedies under Section 13. Whenever any payment (of Rent or otherwise) is not made within three days after the date when such payment is due hereunder, Lessee shall pay as a late charge one and one-half percent (1-1/2%) of the amount overdue for each month or portion thereof that such amount remains unpaid after the due date.

Rent and Payment. During Lessee shall pay to Lessor all the Initial rental payments as shown in the applicable Schedule ("Rent") during the entire Term of the Lease, except as such Rent may be adjusted pursuant to this Section, plus such additional amounts as are due Lessor under the Lease. Rent shall be paid monthly (or other Payment Frequency designated in the applicable Schedule) in advance on the first day of each calendar month (or other such Payment Frequency period) (each such date being hereinafter called a "Rent Payment Date"). If the Commencement Date for a Lease is other than the first day of a calendar month (or other payment period), Lessee shall pay to Lessor rent as indicated on the Schedule, which shall be due Commencement Date an amount equal to the Rent set forth in the Schedule prorated daily based on a 360-day year for each day from and payable in advance each including the Commencement Date to and including the last day of such month or other payment period. The Rent is based upon the Supplier's estimated total price of the System and the acceptance of the System by Lessee on or before the payment date shown Scheduled Commencement Date (as set forth in each Schedule (the “Rent Payment Date”Schedule). The term “rent” includes amounts due If the Price (as defined below and as set forth in the Schedule) of the installed System exceeds or is less than the estimate as a result of a job change order ("JCO"), the Lessee authorizes Lessor for Financed Itemsto adjust the Rent accordingly. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent on the Property from the Installation Date on the Acceptance Certificate to If the Commencement Date occurs after the Scheduled Commencement Date and Lessor waives the condition precedent that the Commencement Date occur on or before the Scheduled Commencement Date, Lessor's then current Lease Rate Factor for similar transactions shall apply and the Lessee authorizes Lessor to adjust the Rent, if required. Rent may also be adjusted as a result of any Modifications or Additions (as defined in Section 1 of the LeaseSchedule) made pursuant to Section 2 of the Schedule. All rent and other amounts due hereunder shall be paid to Lessor at Lessor’s address set forth above or at such place as Lessor shall designateinform Lessee in writing of any such adjustment. Whenever any payment (of rent Rent or otherwise) otherwise is not made within ten (10) days after the date such payment is of when due, Lessee shall pay a late charge calculated at one and one-half percent (1.5%) of the amount overdue for each month or portion thereof that such amount remains unpaid. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect to any overdue amount or prevent Lessor from exercising any other available rights and remedies. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease shall be borne by Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULE, THIS LEASE IS NON-CANCELABLE. Lessee’s obligation to pay rent and any other amounts due under the Lease shall be absolute and unconditional, and shall not be subject to any abatements, reductions, defenses, counterclaims, deferments or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each Schedule, to the extent permitted by applicable law, Lessee hereby waives any agrees to pay on demand (as a fee to offset Lessor's collection and administrative expenses), the greater of twenty-five dollars per month or one and one-half percent per month of all rights and remedies under Article 2A-508 through 522 of overdue amounts but not exceeding the Uniform Commercial Code (“UCC”)lawful maximum, if any. All payments provided for herein shall be payable to Lessor in U.S. dollars at Lessor's address set forth in Section 22 hereof or such other place as Lessor directs, in writing.

Rent and Payment. During the Initial Term of the Lease, Lessee shall pay Lessor rent as indicated on the Schedule, which shall be due and payable in advance each month on or before the payment date shown in each Schedule (the “"Rent Payment Date”"). The term “"rent” " includes amounts due Lessor for Financed Items. During any Installation Period, for each Acceptance Certificate, Lessee shall pay rent on the Property from the Installation Date on the Acceptance Certificate to the Commencement Date of the Lease. All rent and other amounts due hereunder shall be paid to Lessor at Lessor’s 's address set forth above or at such place as Lessor shall designate. Whenever For any rental payment (of rent or otherwise) due hereunder which is not made paid within ten five (105) days after the date such payment is due, Lessee shall pay a late charge calculated at one a rate of seven and one-half percent (1.57.5%) of the amount overdue for each month or portion thereof that such amount remains unpaidpayment. The parties agree that the amount of such late charge represents a reasonable estimate of the cost Lessor will incur in processing a delinquent payment and that such late charge shall be paid as liquidated damages and not as a penalty. Acceptance of any late charge by Lessor shall not constitute a waiver of default with respect to any overdue amount or prevent Lessor from exercising any other available rights and remedies. Payments received shall be applied first to delinquent amounts due, then to current installments. If any such rental payment is made by check and such check is returned to Lessor for any reason, including without limitation, insufficient funds in Lessee's account, then Lessee shall be assessed a service charge equal to the lesser of $30.00 or the maximum permitted by applicable law, in addition to any other late charge or any other fee which may be applicable. This Lease is a net lease, it being the intention of the parties that all costs, expenses and liabilities associated with the Property or its lease shall be borne by Lessee. EXCEPT AS OTHERWISE PROVIDED IN ANY SCHEDULE, THIS LEASE IS NON-CANCELABLE. Lessee’s 's obligation to pay rent and any other amounts due under the Lease shall be absolute and unconditional, and shall not be subject to any abatementsabatement, reductionsreduction, defenses, counterclaims, deferments deferment or any recoupment or set-off against Lessor or any assignee for any reason whatsoever. Upon Lessee’s execution of the Acceptance Certificate for each Schedule, to To the extent permitted by applicable law, upon Lessee's execution of an Acceptance Certificate for the Property, Lessee hereby waives any and all rights and remedies under Article 2A-508 through 522 of the Uniform Commercial Code (“"UCC”").