Res 2011-100 - Laserfiche WebLink

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paid hereunder and not paid when due, including attorneys' fees, shall bear interest, until paid, at the lesser of the following rates: (i) 18% per annum; or (ii) the highest rate allowed under applicable law. Interest shall accrue on monthly rental payments and late charges from the fifth day of each month until such payments are received by Manager and, on returned check charges, until such returned check is made good. All agreements between Landlord and Tenant, whether herein contained or in any other instrument or agreement, whether written or oral, are hereby expressly limited so that in no contingency or event whatsoever shall any acceleration of rents due, late charges, returned check charges, interest charges, or any other charges whatsoever, be deemed as interest charged, contracted for or received in excess of the amount permitted under applicable law, it particularly being the intention of the parties hereto to conform strictly to the laws of the State of Texas. Any portion of such charges which are deemed as interest in excess of the amount permitted under applicable law, as of the date such charge is due, shall be applied to a reduction of the rental payment next coming due hereunder, or, if such portion of charges exceeds the rental payment next coming due hereunder, such amount shall be refunded to Tenant. If a specific due date for any monetary obligation owed by Tenant to Landlord is not provided for in this Agreement, the due date for such obligation shall be that date which is ten (10) days after Landlord delivers a written request for payment to Tenant. Except with the Landlord's prior written consent, Tenant will not be released from this Agreement for any reason — including but not limited to voluntary or involuntary job transfer, change of marital status, loss of co- tenant, loss of employment, bad health, or the sale or disposition of the Aircraft. Tenant is obligated to the terms and conditions of this Agreement, including the payment of rent, for the entire Primary Term, from the Commencement Date through the Expiration Date, and for each month thereafter (if any) until this Agreement is terminated. 4) Special Provisions: The following special provisions and any addenda or written rules furnished to Lessee at or before signing this Agreement will become a part of this Rental Agreement and supersede any conflicting provisions of this printed form. 5) Adiustment in Rent. Charees and Fees or other Terms to this Agreement: Except as otherwise provided for herein, during the Primary Term no change in any term or condition of this Agreement will be effective, unless Landlord and Tenant each sign and deliver a written instrument evidencing the change. Following the Expiration Date, Landlord may in its sole discretion make changes to this Agreement (including, without limitation, changes regarding the amount of rent) without Tenant's consent or agreement; provided, however, that such changes shall not be effective in the first month following the Expiration Date unless Landlord has given notice of such changes to Tenant at least forty -five (45) days prior to the end of the Primary Term; and for any month thereafter, such changes shall not be effective until the first day of the month next following the expiration of thirty days after the date Landlord gives notice of such changes to Tenant.