FOSTER ASSESSMENT CENTER & TESTING SERVICE (FACTS)

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due, Tenant shall pay to Owner a late charge equal to the percentage (of such overdue amount) set forth in Paragraph Q of the Basic Lease Provisions, provided that in no event shall the amount of each such late charge be less than $20. if any instalment of rent or any additional rent or any sum due from Tenant shall not be received within 30 days after such aunt shall be due, Owner shall incur additional processing, administrative and accounting costs. In order to compensate Owner therefor, Tenant shall pay to Owner an additional late charge, computed as set forth above. The parties hereby agree that (i) such late charges represent a fair and reasonable estimate of the costs Owner will incur in processing each delinquent payment by Tenant, (ii) that such late charges shall be paid to Owner as liquidated damages for each delinquent payment pursuant to California Civil Code Section 1671, and (III) that the payment of late charges and the payment of interest are distinct and separate from one another in that the payment of interest is to compensate Owner for the use of Owner's money by Tenant, while the payment of late charges is to compensate Omer for tip additional expense incurred by Owner in handling and processing delinquent payments. C. Neither assessment nor acceptance of interest or late charges by Owner shall constitute a waiver of Tenant's default with respect to such overdue amont, nor prevent Owner from exercising any of its rights and remedies under this Lease. Nothing contained in this Article shall be deemed to corn done, authorize, sanction or grant to Tenant an option for the late payment of rent, additional rent or other sums due hereunder, and Tenant shall be dead in default with regard to any such payments should the same not be paid by the date on which they are due. 4 ARTICLE 27. BROKER. The parties recognize as the broker who negotiated this lease the individual or entity whose name is stated in Paragraph K of the Basic lease Provisions, and agree that Owner shall be solely respon- sible for the payment of brokerage commissions to said broker and that Tenant shall have no resporr sibility therefor unless written provision to the contrary has been made. Tenant represents and warrants thatit has not dealt with or employed any broker or agent as its representative in the negotiation for the obtaining of this lease other than the broker, if any, listed in said Paragraph K, and agrees to indermnify and hold harmless Owner against all costs or liability for competsation claimed by any broker or agent (other than the broker, if any, listed in said Paragraph K) and all attorneys' fees expended in connection therewith. ARTICLE 28. WAIVER The waiver by Owner of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term(s), covenant(s) or conditions. The subsequent acceptance of rent hereunder by Owner shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular rental so accepted, regardless of Owners knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Omer, unless such waiver is in writing by Owner. The fact that Owner performs an act which it is not (by law or under this lease) obligated to perform shall under no circumstances be deemed a waiver of its right not to perform such act(s) or any similar act(s) in the future. If Tenant fails to perform any of its affirmative obligations under this Lease, such unperformed obligation(s) shall survive the expiration or earlier termination of this Lease. In addition, Omer s consent to or approval of any act by Tenant requiring Owner's consent or approval shall not be deemed to render unnecessary the obtaining of Owner's consent to or approval of any subsequent act of Tenant, whether similar or dissimilar to the act which was consented to or approved by Owner. Tenant hereby expressly waives any and all rights of redemption granted by or under any present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Owner obtaining possession of the Premises, by reason of the violation by Tenant of any of the cove- nants or conditions of this Lease, or otherwise. MAR 1988 -16-