If the Fixed Basic Rent for the Renewal Term has not been agreed to or established prior to the commencement of the Renewal Term, then Tenant shall pay to Landlord an annual rent ("Temporary Rent") which Temporary Rent shall be equal to the Fixed Basic Rent payable by Tenant for the last year of the Term immediately preceding the Renewal Term. Thereafter, if the parties shall agree upon a Fixed Basic Rent, or the Fixed Basic Rent shall be established upon the determination of the fair market rent by the appraiser or appraisers, at a rate at variance with the Temporary Rent # if such Fixed Basic Rent is greater than the Temporary Rent, Tenant shall promptly pay to Landlord the difference between the Fixed Basic Rent determined by agreement or the appraisal process and the Temporary Rent, or # if such Fixed Basic Rent is less than the Temporary Rent, Landlord shall credit to Tenant's subsequent monthly installments of Fixed Basic Rent the difference between the Temporary Rent and the Fixed Basic Rent determined by agreement or the appraisal process.

Fixed Rent or, if the Fixed Rent as so determined shall be less than the Interim Rent, Tenant shall be entitled to a credit against the next succeeding installments of Fixed Rent in an amount equal to the difference between each installment of Interim Rent and the Fixed Rent as so determined which should have been paid for such installment until the total amount of the over payment has been recouped.

Rent. The “Rent” means any fixed rent, base rent or additional rent under the Lease.

Notwithstanding anything to the contrary herein, if (and to the extent) any Fixed Rent and/or Additional Rent are actually abated, diminished or reduced pursuant to the Prime Lease in respect of the Subleased Premises, then Fixed Rent and/or Additional Rent payable hereunder by Subtenant shall also be abated, diminished or reduced during the same period that Fixed Rent and Additional Rent are so abated, diminished or reduced.

RENTAL: Fixed minimum rent: The fixed minimum rent payable by the Tenant for each complete twelvemonth period during the lease term shall be:

Payment of Additional Rent. Any Additional Rent payable pursuant to Article 6 shall be collectable by Landlord in the same manner as Fixed Rent and Landlord shall have the same remedies for nonpayment thereof as Landlord has hereunder for nonpayment of Fixed Rent.

Annual Fixed Rent for any partial month shall be prorated on a daily basis (based on a 365 day year), and if Annual Fixed Rent commences on a day other than the first day of a calendar month, the first payment which Tenant shall make to Landlord shall be payable on the date Annual Fixed Rent commences and shall be equal to such pro-rated amount plus the installment of Annual Fixed Rent for the succeeding calendar month.

annual fixed rent (“Fixed Rent”) and Supplemental Rent (as defined below), if any, at the rates and in the amounts set forth on [Exhibit 4.1]. Fixed Rent and Supplemental Rent (if any) shall be payable in equal monthly installments (in amounts as set forth on [Exhibit 4.1]) in advance on the first day of each and every calendar month commencing on the date set forth on [Exhibit 4.1] and continuing throughout the remainder of the Term.

No payment by Tenant or receipt by Landlord of a lesser amount than the Fixed Basic Rent and Additional Rent payable hereunder will be deemed to be other than a payment on account of the earliest stipulated Fixed Basic Rent and Additional Rent, nor will any endorsement or statement on any check or any letter accompanying any check or payment of Fixed Basic Rent or Additional Rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord’s right to recover the balance of such Fixed Basic Rent and Additional Rent or to pursue any other remedy provided herein or by law. All obligations of Tenant under this Lease shall survive the expiration or earlier termination of this Lease.

33.4Within twenty (20) days following the establishment of the Market Rent and the resulting Fixed Rent with respect to the applicable Extension Term pursuant to the procedure set forth above, Landlord and Tenant shall execute an amendment to this Lease confirming the Fixed Rent payable with respect to the applicable Extension Term. Each such amendment shall set forth the Extension Term, the applicable Fixed Rent and any related terms and conditions.