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landlord at law or in equity, subject to Article 26, Landlord shall not be deemed to have terminated this Lease except by an express statement in writing. Acts of maintenance or preservation, efforts to relet the Demised Property, or the appointment of a receiver upon application of Landlord to protect Landlord's interest under this Lease shall not constitute an election to terminate Tenants' right to possession unless such election is expressly stated in writing by Landlord.Notwithstanding any such reletting without such termination, Landlord may at any time thereafter elect to terminate Tenants' right to possession and this Lease. If Landlord elects to relet the Demised Property for the account of Tenants, the rent received by Landlord from such reletting shall be applied as follows: first, to the payment of any and all costs of such reletting (including attorneys' fees, brokers' fees, and the cost of alterations and repairs to the Demised Property, and Tenants improvement costs); second, to the payment of any and all indebtedness other than Rent due hereunder from Tenants to Landlord; third, to the payment of any and all Rent due and unpaid hereunder; and the balance, if any, shall be held by Landlord and applied in payment of future Rent as it becomes due. If the rent received from the reletting is less than the sum of the costs of reletting, other indebtedness due by Tenants, and the Rent due by Tenants, then Tenants shall pay the deficiency to Landlord within ten (10) days after written demand by Landlord. Such deficiency shall be calculated and paid monthly. Section 15.03 Late Fee. If any payment of Base Rent or Additional Rent is not received by Landlord from Tenants when such payment is due to Landlord hereunder, such payment shall be deemed delinquent and Tenants shall pay to Landlord a late fee of fine percent (5%) of each such delinquent payment(the "Late Fee'), due and payable to Landlord simultaneously with the delinquent Base Rent or delinquent Additional Rent, as the case may be. ARTICLE 16 FORCE MAJEURE If either party is prevented or delayed from timely performance of any obligation or satisfying any condition under this Lease by any event or circumstance beyond the control of such party, exclusive of financial inability of a party, but including any of the following if beyond the control of(and not caused by) such party: strike, lockout, labor dispute, civil unrest, inability to obtain labor, materials or reasonable substitutes thereof, acts of God,present or future governmental restrictions, regulations or control, insurrection, and sabotage, then the time to perform such obligation or satisfy such condition shall be extended by the delay caused by such event or circumstance. The provisions of this Article shall in no event operate to delay the Commencement Date or to excuse Tenants from the payment of all Rent as and when due under this Lease. ARTICLE 17 NOTICES (a) Any notice, demand or other communication to be given under the provisions of this Lease by either party hereto to the other party hereto shall be effective only if in writing and (i) personally served, (ii) mailed by United States registered or certified mail, return receipt requested, postage prepaid, (iii) sent by a nationally recognized courier service (such as Federal Express) for next-day delivery, to be confirmed in writing by such courier, or (iv) sent by facsimile or electronic mail (with answer back acknowledged), addressed as follows: