AGENDA PROPERTY MANAGEMENT COMMITTEE MEETING ...

2.1 Payment of License FeePART IIGENERAL LICENSE PROVISIONS2.1.1 Transmittal of Payments: Licensee shall make all License Fee payments, and payall other sums due under this License, in lawful money of the United States, by checkpayable to "ORANGE COUNTY WATER DISTRICT," and shall personally deliver ormail all payments without any notice or demand to OCWD at the address set forth inParagraph 2.8.1 below. Licensee assumes all risk of loss or late payment if any paymentis made by mail.2.1.2 No Offsets: All License Fees and other sums due under this License shall be paidwithout offset or deduction, and shall be deemed payments on account. Neither thepayment by Licensee nor the acceptance by OCWD of any License Fee or other sum inan amount which is less than the amount due and payable pursuant to this License, northe issuance of a monthly statement showing as due and payable an amount less than isproperly due and payable pursuant to the terms of this License, shall constitute anagreement by OCWD modifying this License or a waiver of OCWD's right to receive allsums provided for in this License. No endorsement or statement on any check or anyletter accompanying any check or payment shall be deemed an accord or satisfaction, andOCWD shall accept all checks and payments from Licensee without prejudice toOCWD's right to recover the balance of the amount due or to pursue any other remedy inthis License or otherwise provided by law.2.2 Charges for Payment of License Fee2.2.1 If any payment of any License Fee or any other sum due OCWD is not receivedby OCWD within ten (10) days after the due date, Licensee shall be deemed delinquent inits License Fee payment and a late charge of one and one-half percent (1.5%) of thedelinquent amount, plus the sum of One Hundred Dollars ($100.00), shall becomeimmediately due and payable to OCWD. An additional charge of one and one-halfpercent (1.5%) of such delinquent License Fee payment (excluding late charges) shall beadded for each additional calendar month (or portion thereof) that the delinquent sumremains unpaid.2.2.2 Licensee and OCWD hereby acknowledge and agree that such late charges do notrepresent and shall not be deemed to be an interest payment, but that such late chargesrepresent a fair and reasonable estimate of the costs and expenses that OCWD will incurby reason of Licensee's late payment.-4-