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3.2 Late Payments. If any rent payment or other sum due by Lessee to Lessor is received and accepted by Lessor later than five (5) days after its due date, Lessee shall pay a late charge of the greater of $_10.00_ or 5% of such rent payment, plus $10.00 thereof for each day thereafter (for up to 15 days) until such rent or other or is paid. Late charges shall be considered liquidated damages for Lessor's time inconvenience and overhead (except for attorneys fees and litigation costs) in collecting late rent. Lessor's acceptance of late rent or other sum shall not constitute permission for Lessee to pay the rent or other sum late thereafter and shall not constitute a waiver of Lessor's remedies for subsequent late payments. Late payment charges are due immediately upon notice or demand. All payments shall be by check or money order on a local bank, not cash. For each returned check, Lessee shall pay all applicable bank charges incurred by Lessor plus $25.00. Payments of any kind received by Lessor on behalf of Lessee may be applied at Lessor's option to non -rent items first, then to rent. Payment of rent by Lessee shall be an independent covenant. If Lessee has not timely paid rentals and other sums due on two or more occasions, or if a check from Lessee is returned for insufficient funds or no account, Lessor may, for the next twelve (12) months or the remainder of the lease term, whichever is shorter, require that all rent and other sums due be paid by cashier's check, certified check, or money order, without prior notice. 3.3 Security Deposit. The total additional security deposit to be provided by Lessee, in current funds, is $1,853.00, at the time of execution of this lease. This security deposit will be held by Lessor to secure performance of Lessee's obligations under this lease. Lessor shall have a lien on the security deposit for that purpose. If Lessee fails to pay rent or other sums when due under this lease, Lessor may apply any cash security deposit toward amounts due and unpaid by Lessee. Lessee shall immediately restore the security deposit to its original amount after any portion of it is applied to amounts due and unpaid by Lessee. Lessor shall return the security deposit to Lessee within thirty (30) days after the termination of this Agreement, minus the cost of any damages to the Leased Premises caused by Lessee that are beyond normal wear and tear. 4.1 Term, Possession, and Anniversary. The initial lease term shall be for 35 full calendar months from commencement date, plus the remainder of the last month, the last day of the lease term being August 31. 2015. The commencement date of this lease shall be September 21, 2012. Rent will begin to accrue on the lease commencement date. 4.2 Delivery of Possession. Lessor shall deliver keys and/or access cards or codes and possession of Lessee's office space to Lessee on the lease commencement date stated in paragraph 4.1 unless otherwise agreed in writing by the parties. Lessee shall not be liable for rent until Lessor delivers possession of the leased premises to Lessee. If there is a delay in delivery of possession, the commencement date shall be delayed until Lessee's office space is ready for occupancy; and neither Lessor nor Lessor's agents shall otherwise be liable for any damages; and the lease shall not terminate. 5.1 Tenant Finish -Out. Subject to paragraph 13.1, Lessee shall be allowed to make such initial improvements or alterations as are reasonably necessary for Lease Purpose. Lessor shall allow Lessee full access to the Leased Premises during preparation for move -in in advance of delivery of possession and shall pay for all utilities up to the date Lessor delivers possession under paragraph 4.2 of this Agreement. 6.1 Quiet Possession. If Lessee is current and in compliance with all of Lessee's obligations under this lease, Lessee shall be entitled to peaceful and quiet possession and enjoyment of Lessee's office space, subject to the terms and conditions of this lease. Lessee shall have access to common parking areas at all times, subject to paragraph 9.2. Construction noise or vibrations shall not be considered a default by Lessor. 7.1 Utilities and Services by Lessee. Except where otherwise stated in this lease, Lessor agrees to maintain existing accounts in its name, pay for the associated utilities and services, and submit a monthly invoice pursuant to Section 27.1 to Lessee for Building name: 150 Lockhart Street Lessor initials: Lessor's Name: Hays County, Texas Lessee initials: Lessee's Name: CityofSan Marcos Texas, administering the Women Infants and Children ( "WIC -) Program of San Marcos