In the event that both of the conditions set forth in Section 22.01 shall be fulfilled (including the sending of a Extension Notice by Tenant within the time and in the manner therein provided), the Extension Rent shall be determined jointly by Landlord and Tenant not later than the day (hereinafter called the “Rent Determination Date”) that shall be ninety (90) days next preceding the Renewal Term Commencement Date. If Landlord and Tenant agree upon the Extension Rent, such agreement shall be confirmed in a writing (hereinafter called the “Rental Confirmation Agreement”) to be executed by Landlord and Tenant in recordable form not later than the Rent Determination Date. In the event that Landlord and Tenant shall have failed to join in executing a Rental Confirmation Agreement on or before the Rent Determination Date, then the Extension Rent shall be determined by arbitration as follows, subject to the limitations contained in Section 22.04:

In the event that both of the conditions set forth in Section 22.01 shall be fulfilled (including the sending of a Extension Notice by Tenant within the time and in the manner therein provided) and the Extension Rent shall not be finally determined pursuant to the terms of Section 22.03 on or before the Renewal Term Commencement Date, then: