Agmt 2014 San Leandro Unified School District SLUSD (2)

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designate in writing. Tenant may pre-pay Base Rent to Landlord at the beginning of each year of the Term, or the full amount of the annual Base Rent at any time during the Term without penalty. A. Late Charge: A late charge equivalent to six percent (6%) of any Rent, or any portion of Rent, or any portion thereof due and unpaid for more than fifteen (15) days, shall be paid by Tenant for each month 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. Default Interest: Any Rent, if not paid within five (5) days following the due date, shall bear interest from the due date until paid at the rate of ten percent (10%) per year or, if a higher rate is legally permissible, at the highest rate an individual is permitted to charge under law (the "Interest Rate"). However, interest shall not be payable on late charges incurred by Tenant nor on any amount on which late charges are paid by Tenant to the extent this interest would cause the total interest to be in excess of that which an individual is lawfully permitted to charge. Payment of interest shall not excuse or cure any default by Tenant C. 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. 5. USE OF PREMISES: A. Permitted Use: Tenant shall use the Premises for public school district administration purposes only. Absolutely no instruction or training of any kind, whether for pupils, teachers, invitees, or administrators, shall occur within, around, or upon the Premises. Changes in the types of use shall be made only upon the express written consent of Landlord. 4