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Tenant for each year that such Rent remains due and unpaid, plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay such Rent. Landlord and Tenant have agreed upon the late payment charge, after negotiation, as a reasonable estimate of the additional administrative costs and detriment the Landlord will incur as a result of any such failure by Tenant, the actual costs thereof being extremely difficult if not impossible to determine. The late payment charge constitutes liquidated damages to compensate Landlord for its damages resulting from such failure to pay and shall be paid to Landlord together with such unpaid amount. B. Holding Over: Any holding over after the expiration of the Term with the express consent of Landlord shall be construed to automatically extend the Term of this Lease on a MONTH-TO- MONTH basis at a Base Rent equal to One hundred & Fifty percent (150%) of the latest Base Rent payable by Tenant hereunder prior to such expiration. Any holding over without Landlord's consent shall constitute a default by Tenant and entitle Landlord to exercise any or all of its remedies as provided herein, notwithstanding that Landlord may elect to accept one or more payments of Rent, and whether or not such amounts are at the holdover rate specified above or the rate in effect at the end of the Term of the Lease, without waiving Landlord's right to seek immediate possession of the Premises. 4. USE OF PREMISES: A. Permitted Use: Tenant may use the Premises for any lawful purpose as long as such purpose is in conformance to and in full accordance with any and all deed restrictions and easements affecting the Premises and all applicable laws and regulations. Changes in the type of use shall be made only upon the express written consent of Landlord. Pursuant to any use related to a gun or shooting range, Tenant agrees to adopt and enforce safety rules, for the use and operation of the range, which rules shall be conspicuously posted at the range. Tenant agrees to issue permits to users of the range or to allow use of the range to persons with valid Federal or State firearms permits; and further agrees that persons who cannot demonstrate knowledge of the safety rules shall not be issued permits. All rules shall be subject to prior approval by Landlord. B. Tenant may charge a reasonable fee for use of the Premises as a gun range, subject to prior approval by Landlord. C. Lessor shall have and Lessee hereby grants to Lessor the right to use of the Premises for any official City purpose including but not limited to use by members of the City of San Leandro Police Department without charge, or set-off, reduction or discount of rent at times or upon schedules mutually agreed upon by the Parties hereto. It is agreed that San Leandro Police Department staff will contact the Lessee and arrange for access in advance, said access not to be unreasonably withheld. D. Lessee is hereby granted the right to make physical improvements to the Premises, including the construction of buildings and facilities necessary or convenient for use of said Premises as a rifle range subject in each instance to prior approval of such improvements by Lessor and that such improvements are in conformance to and in full accordance with any and all deed restrictions and easements affecting the Premises and all applicable laws and regulations. The Premises shall not be used for storage except for merchandise held for sale to the general public related to Lessee's use and Lessee's operation and maintenance of the range. Merchandise for sale shall include ammunition, targets, drinks, vending machine items, ear plugs, ear and eye protectors and other items 2