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-1 <br />Overage). Monthly installments of the Upfit Overage, if any, shall be due and payable on the <br />Commencement Date and on the same day of each successive month thereafter until the Upfit Overage has <br />been paid in full. <br />(d) Additional Rent. Unless otherwise expressly provided in this Lease, any and all Additional <br />Rent required to be paid by Lessee pursuant to the terms of this Lease shall be paid to Lessor not later than <br />fifteen (15) days after Lessor's delivery of a statement or invoice therefore to Lessee. Lessee's failure to make <br />timely payment of Additional Rent to Lessor when and as provided in this Lease shall constitute an event of <br />default which shall entitle Lessor, without further notice to Lessee, to pursue any and all remedies specified in <br />this Lease, at law or in equity. Lessee's obligation to pay Additional Rent shall not be subject to abatement, <br />set-off or deduction except to the extent expressly provided in this Lease. Lessee's independent covenant and <br />obligation to pay Additional Rent shall survive any expiration or termination of this Lease. <br />(e) Late Payment Charge. AttgMe sY Fees. In the event Lessee shall fail to pay to Lessor any Rent <br />or other fee, charge or assessment required to be paid by Lessee pursuant to the terms of this Lease within <br />fifteen (15) days after the date on which such payment is due, Lessor may, at its option, assess Lessee, and <br />Lessee shall pay to Lessor, a late payment charge in an amount not to exceed four percent (4%) of the amount <br />of the delinquent Rent or other charge or assessment. Lessee's failure to pay to Lessor any late payment <br />charge within fifteen (15) days after Lessor's delivery of written demand for payment to Lessee shall <br />constitute an event of default which shall entitle Lessor, without further notice to Lessee, to pursue any and <br />all remedies specified in this Lease, at law or in equity. Lessor's assessment of a late payment charge <br />pursuant to this paragraph shall not constitute liquidated damages and shall be in addition to, and not to the <br />exclusion of, any other remedy available to Less (under this Lease, at law or in equity. <br />In the event any collection action or proceeding is instituted by Lessor in accordance with the terms <br />of this paragraph to collect any delinquent payment of Rent or other fee, charge or assessment required to be <br />paid by Lessee pursuant to the terms of this Lease, including any late payment charge, Lessee shall be <br />obligated for the payment of, and shall pay to Lessor, to the extent allowed by law, all costs of collection, <br />including reasonable attorneys' fees in an amount not to exceed fifteen percent (15%) of the delinquent Rent <br />and/or other fee, charge or. assessment, including any'late payment charge, if such collection is effectuated by <br />an attorney. The parties agree that Lessee's covenants to pay Rent and other fees, charges and assessments <br />pursuant to the terms of this Lease, including late payment charges, constitute evidence of indebtedness for <br />purposes of this provision. <br />(f) Tender. All payments required by this Article to be made to Lessor shall be delivered to <br />Lessor at the address designated in Section 6.03, or at such other place as Lessor may hereafter designate in <br />writing. Payment shall be made in a reasonable manner and form satisfactory to Lessor. <br />(g) Utilities. At all times during the term of this Lease, Lessee shall assume sole responsibility <br />for and shall pay to each appropriate public or private utility or service provider, promptly and without delay, <br />all electric, natural gas, water, sewer, telephone, cable internet and other utility fees, costs and charges, <br />including installation, connection, hook-up and service fees and charges, incurred in connection with Lessee's <br />use of the Premises. Electric' natural gas, water and sewer service to the Premises shall be separately <br />metered. Lessee shall also assume sole responsibility for the replacement of any expired light bulbs or <br />fluorescent lights within the Premises at its sole cost and expense. <br />(h) Repairs and Maintenance. At all times during the term of this Lease, Lessee shall maintain <br />and repair the Premises, including, without limitation, the HVAC, electrical, gas and plumbing lines, systems, <br />equipment and fixtures servicing the Premises and the interior walls, ceilings, flooring, windows, plate glass, <br />exterior doors and hardware (except for damages caused by defective construction or negligence of Lessor), <br />and shall keep the Premises in an orderly and sanitary condition, at its sole cost and expense. Lessee shall <br />-7-