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How Do I Get the Early-Occupancy (Fixturing) Period Free?

📖 2,398 words🗓️ Published Jun 23, 2026

Direct Answer

You get a free fixturing period by negotiating an "early occupancy" or "fixturing" license that grants you possession 30-90 days before the rent commencement date, with base rent and CAM both waived during that window — and you ask for it as a separate concession on top of your free-rent abatement, not folded into it. The money move: make the lease say rent commencement starts X days after possession or after your buildout is substantially complete (whichever is later), so the landlord's construction delays don't eat your free time. On a 3,000 sq ft restaurant at $40/sq ft, a 90-day fixturing period free is worth about $30,000 in avoided rent — and you need that runway to install equipment, pass inspections, train staff, and open with revenue already flowing. Landlords expect to give fixturing time in any deal involving meaningful buildout; the trap is letting them count it against your free-rent months or start your rent clock on the day you get keys. Get the free fixturing period explicitly and separately, tie commencement to your readiness, and make CAM and utilities part of the waiver too.

Why Fixturing Time Is Real Money

The gap between getting keys and opening for business is dead time — you're paying rent on a space generating zero revenue while you install HVAC, plumbing, kitchen equipment, fixtures, POS, and signage and wait on permits and inspections. For a retail or restaurant tenant, that gap runs 30-90 days; for a complex food-service or medical buildout it can stretch to 120 days.

If your rent clock starts the day you take possession, every one of those days is a check to the landlord for an empty store. Per CBRE and JLL leasing practice, a fixturing period (sometimes called an early-occupancy or beneficial-occupancy period) is the standard tool to neutralize that — possession now, rent later.

Free Rent vs. Free Fixturing — Keep Them Separate

This is the distinction that saves you the most money:

Free rent (abatement) is a concession against your operating life — months after you're open where rent is waived to improve your early cash flow. Typical: 1 month free per year of term in a soft market.
Free fixturing is time before you open, to build out, with no rent. It is not a gift against your operations; it's compensation for the dead buildout window.

The landlord's favorite move is to collapse the two — "we gave you 3 months free, that covers your buildout." No. Demand them as separate line items: *"Tenant shall have a fixturing period of 90 days prior to the Rent Commencement Date, rent- and CAM-free, in addition to 3 months of base-rent abatement following the Rent Commencement Date."* Per NAIOP deal-structure norms, the two are independently negotiable.

Tie Commencement to YOUR Readiness, Not the Calendar

The biggest trap in fixturing isn't the length — it's the trigger. If the lease says "rent commences 90 days after possession," a landlord delivery delay can shove your buildout into the rent-paying period.

Negotiate rent commencement = the later of (a) a fixed outside date, or (b) substantial completion of Tenant's improvements, with extensions for landlord-caused delays and permitting delays outside your control. Add:

Landlord delivery standard. Define what condition the space must be in on possession (warm shell, cold shell, or vanilla box) and that the fixturing clock doesn't start until it's delivered in that condition.
Permit-delay tolling. If the city is slow to issue permits, the fixturing period extends day-for-day. Per Cushman & Wakefield tenant-advisory guidance, permitting routinely adds 30-60 days in major metros.
Force-majeure tolling for supply-chain and inspection delays.

What Else to Get Waived During Fixturing

Don't let "rent-free" quietly mean "base-rent-free only." Push to waive:

CAM / operating expenses — these can run $5-$15/sq ft; paying them during a dead buildout is paying for nothing.
Property tax and insurance pass-throughs during fixturing.
Percentage rent (you have no sales yet — obvious, but get it in writing).

You will typically still owe utilities you actually consume during buildout (construction power, water), and that's fair — but negotiate the fixed pass-throughs to zero.

Put the Fixturing Terms in Writing — Exactly

A handshake "you'll have time to build out" is worthless. The lease (or a binding side letter) must spell out:

The fixturing length in days — e.g., "90 days from delivery of possession in vanilla-box condition."
What's waived — "base rent, CAM, and fixed pass-throughs are abated during the fixturing period."
The trigger for rent commencement — "the later of the outside date or substantial completion of Tenant's improvements."
Delay tolling — "the fixturing period extends day-for-day for landlord-caused delays, permitting delays, and force-majeure events."
Access for contractors — confirm your GC and subs can get in, run construction power, and stage materials during the period.

Per BOMA and NAIOP lease-standard guidance, every one of these should appear in the lease body, not in an email. If it isn't written, assume you'll be billed for it. A clean fixturing clause is short, but each missing line is a place the landlord can start your rent clock early.

Leverage: When You Get the Most

You get the longest free fixturing when:

The space needs heavy buildout (restaurant, medical, fitness) — the landlord knows it.
The market is soft and vacancy is high — per CBRE data, concession packages widen in tenant-favorable markets.
You're a strong credit tenant signing a 5-10 year term — long term justifies generous front-end concessions.
The space sat vacant — landlords trade fixturing time for filling dead inventory.

flowchart LR A[Lease Signed] --> B["Possession / Keys"] B --> C["Fixturing Period: 30-90 days FREE"] C --> D[Substantial Completion] D --> E[Rent Commencement Date] E --> F["Free-Rent Abatement: 1 mo per year"] F --> G[Full Rent Begins]

sequenceDiagram participant T as Tenant participant L as Landlord T-over L: Request 90-day rent-free fixturing L-->over T: Offer fixturing inside the free-rent months T-over L: Insist fixturing is SEPARATE from abatement L-->over T: Counter: rent starts 90 days post-possession T-over L: Tie commencement to substantial completion + delay tolling L-->over T: Agree; waive CAM during fixturing T-over T: Confirm delivery condition + permit tolling in lease

Related on PULSE

[How Do I Negotiate Free Rent and a Rent-Abatement Period?](/knowledge/q13644)
[How do you calculate CAC payback period correctly for a hybrid PLG-plus-sales motion in 2027?](/knowledge/q16185)
[How do you calculate the CAC payback period in 2027?](/knowledge/q12869)
[What is CAC payback period and what is a healthy benchmark in 2027?](/knowledge/q12693)
[How do you calculate true CAC payback period when you have multi-quarter sales cycles?](/knowledge/q414)
[How do you calculate the actual payback period on a dedicated lead-routing system when MQL volume stays flat?](/knowledge/q579)

Negotiating the Fixturing Period: What Landlords Typically Accept

Landlords are most willing to grant a free fixturing period when the space requires significant tenant improvement work or when you're taking possession of a "vanilla box" that needs full build-out. In practice, the standard range for a free fixturing period is 30 to 90 days, with 60 days being the most common sweet spot for mid-market retail or restaurant spaces. For office tenants doing moderate build-outs, 30 to 45 days is typical.

The key leverage point is that landlords benefit from you starting construction early because it speeds up their ability to collect full rent. They also avoid the risk of you walking away if the timeline feels too tight. You can strengthen your ask by proposing a "good faith deposit" (typically one month's rent) that converts to first month's rent if you fail to open for business by the fixturing deadline. This reduces the landlord's perceived risk and often unlocks the free period.

For spaces under 2,000 square feet, expect pushback on anything beyond 30 days free. For spaces over 5,000 square feet, especially with complex build-outs like restaurants or medical offices, 90 days is reasonable to request. Always get the fixturing period in writing as a separate clause — never as a verbal handshake.

Protecting Your Fixturing Period from Common Pitfalls

Even with a free fixturing period in your lease, two traps can kill its value. First, the "continuous operation" clause: some leases require you to be open for business by a specific date or the fixturing period becomes retroactively payable. Negotiate a "substantial completion" standard instead — meaning your build-out is done enough to pass inspection, even if you're not yet serving customers.

Second, utilities and insurance costs during the fixturing period. While rent and CAM may be waived, landlords often still charge you for actual utility usage and require you to carry liability insurance from day one. Clarify in the lease that you're only responsible for "metered utilities" and not a pro-rata share of building common area utilities during the fixturing window. Also, confirm that your insurance obligation starts on the possession date, not the rent commencement date — otherwise you'll have a gap in coverage.

A third hidden issue: building access hours. Some landlords restrict after-hours access during fixturing periods, which can cripple construction schedules. Negotiate 24/7 access for your contractors during the fixturing period, with reasonable notice (typically 24 hours) for security purposes.

When to Walk Away and Alternative Strategies

If a landlord flatly refuses any free fixturing period, especially for a space requiring more than 30 days of build-out, consider whether the deal economics still work. For a 3,000-square-foot space at $40/sq ft, losing a 60-day fixturing period costs you roughly $20,000. If the landlord offers other concessions like a higher tenant improvement allowance or an extra month of free rent, the math might still pencil out.

An alternative strategy: propose a "rent commencement cap" — meaning your rent starts no earlier than 60 days after possession, regardless of when the landlord delivers the space. This protects you if the landlord's own construction delays push your possession date back. Another approach is to ask for a "fixturing allowance" — a direct cash payment of $5-$15 per square foot to offset your carrying costs during the build-out period, even if rent technically starts earlier.

If you're in a hot market with multiple tenants competing for the space, be prepared to compromise. In that scenario, a 30-day free fixturing period is still achievable, but you may need to accept a shorter term or agree to a "use it or lose it" clause that forfeits unused days. Always run the numbers: a free fixturing period is worth roughly 1-3% of your total lease value, so it's worth fighting for but not a deal-breaker in every case.

FAQ

What exactly is a fixturing period? A fixturing period is a window—typically 30 to 90 days—where you can enter the space before your lease officially starts to install equipment, furniture, and finishes. During this time, you’re not paying base rent or operating expenses, but you’re responsible for your own utilities and insurance.

How do I ask for a free fixturing period in negotiations? Bring it up as a separate, non-monetary concession early in the lease proposal. Frame it as a standard industry practice for buildouts—landlords often grant it if they have vacant space and want you to start improvements sooner rather than later.

Will the landlord always say yes to a free fixturing period? No—it depends on market conditions and the landlord’s timeline. In a tenant-friendly market or if the space has been vacant for a while, you have strong leverage. In a hot market, you may need to compromise on length or accept a shorter period.

Does the fixturing period affect my rent commencement date? Yes, it pushes your rent start date later. The lease typically defines a “rent commencement date” that begins after the fixturing period ends. Make sure the lease clearly states that no base rent or CAM charges accrue during the early-occupancy window.

What costs am I still responsible for during the fixturing period? You typically cover your own utilities, janitorial services, and insurance. Some landlords may also require you to pay for any damage you cause. Always get these terms in writing to avoid surprise bills.

Can I get a fixturing period if I’m taking the space “as-is”? Yes, but it may be shorter. Landlords are more likely to offer a free period if you’re doing significant buildout work. For an as-is space, you might still negotiate 15–30 days to move in and set up, but don’t expect the full 90 days without a strong reason.

Sources

CBRE — Tenant Concessions and leasing-incentive benchmarks
JLL — Office and Retail leasing concession practice
Cushman & Wakefield — Tenant Advisory and buildout-timeline guidance
NAIOP — lease-structure and tenant-improvement research
BOMA — Commercial Lease Standards and rent-commencement norms
ICSC — retail buildout and fixturing-period guidance
Tenant-rep broker guidance on fixturing and early-occupancy clauses

People also search for: get the early-occupancy (fixturing) period free · how to get the early-occupancy (fixturing) period free · get the early-occupancy (fixturing) period free guide

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# How Do I Get the Early-Occupancy (Fixturing) Period Free?

## Direct Answer

**You get a free fixturing period by negotiating an "early occupancy" or "fixturing" license that grants you possession 30-90 days before the rent commencement date, with base rent and CAM both waived during that window — and you ask for it as a separate concession on top of your free-rent abatement, not folded into it.** The money move: make the lease say **rent commencement starts X days after possession or after your buildout is substantially complete (whichever is later)**, so the landlord's construction delays don't eat your free time. On a **3,000 sq ft** restaurant at **$40/sq ft**, a **90-day** fixturing period free is worth about **$30,000** in avoided rent — and you need that runway to install equipment, pass inspections, train staff, and open with revenue already flowing. Landlords expect to give fixturing time in any deal involving meaningful buildout; the trap is letting them count it against your free-rent months or start your rent clock on the day you get keys. Get the free fixturing period **explicitly and separately**, tie commencement to **your** readiness, and make CAM and utilities part of the waiver too.

## Why Fixturing Time Is Real Money

![How Do I Get the Early-Occupancy (Fixturing) Period Free? — Why Fixturing Time Is Real Money](https://image.pollinations.ai/prompt/high%20quality%20editorial%20business%20professional%20office%20photograph%20illustrating%20Why%20Fixturing%20Time%20Is%20Real%20Money%20How%20Do%20I%20Get%20the%20Early-Occupancy%20(Fixturing)%20Pe%2C%20realistic%20magazine%20style%2C%20warm%20light%2C%20no%20text%2C%20no%20watermark?width=1200&height=675&nologo=true&model=flux&seed=71318)


The gap between getting keys and opening for business is dead time — you're paying rent on a space generating **zero revenue** while you install **HVAC, plumbing, kitchen equipment, fixtures, POS, and signage** and wait on **permits and inspections**. For a retail or restaurant tenant, that gap runs **30-90 days**; for a complex food-service or medical buildout it can stretch to **120 days**.

If your rent clock starts the day you take possession, every one of those days is a check to the landlord for an empty store. Per **CBRE** and **JLL** leasing practice, a **fixturing period** (sometimes called an **early-occupancy** or **beneficial-occupancy** period) is the standard tool to neutralize that — possession now, rent later.

## Free Rent vs. Free Fixturing — Keep Them Separate

![How Do I Get the Early-Occupancy (Fixturing) Period Free? — Free Rent vs. Free Fixturing — Keep Them Separate](https://image.pollinations.ai/prompt/high%20quality%20editorial%20business%20professional%20office%20photograph%20illustrating%20Free%20Rent%20vs.%20Free%20Fixturing%20%E2%80%94%20Keep%20Them%20Separate%20How%20Do%20I%20Get%20the%20Early-Occupan%2C%20realistic%20magazine%20style%2C%20warm%20light%2C%20no%20text%2C%20no%20watermark?width=1200&height=675&nologo=true&model=flux&seed=13345)


This is the distinction that saves you the most money:

- **Free rent (abatement)** is a concession against your operating life — months **after** you're open where rent is waived to improve your early cash flow. Typical: **1 month free per year of term** in a soft market.
- **Free fixturing** is time **before** you open, to build out, with no rent. It is **not** a gift against your operations; it's compensation for the dead buildout window.

The landlord's favorite move is to **collapse the two** — "we gave you 3 months free, that covers your buildout." No. Demand them as **separate line items**: *"Tenant shall have a fixturing period of 90 days prior to the Rent Commencement Date, rent- and CAM-free, in addition to 3 months of base-rent abatement following the Rent Commencement Date."* Per **NAIOP** deal-structure norms, the two are independently negotiable.

```mermaid
flowchart LR
    A[Lease Signed] --> B[Possession / Keys]
    B --> C[Fixturing Period: 30-90 days FREE]
    C --> D[Substantial Completion]
    D --> E[Rent Commencement Date]
    E --> F[Free-Rent Abatement: 1 mo per year]
    F --> G[Full Rent Begins]
```

## Tie Commencement to YOUR Readiness, Not the Calendar

![How Do I Get the Early-Occupancy (Fixturing) Period Free? — Tie Commencement to YOUR Readiness, Not the Calendar](https://image.pollinations.ai/prompt/high%20quality%20editorial%20business%20professional%20office%20photograph%20illustrating%20Tie%20Commencement%20to%20YOUR%20Readiness%2C%20Not%20the%20Calendar%20How%20Do%20I%20Get%20the%20Early-Occu%2C%20realistic%20magazine%20style%2C%20warm%20light%2C%20no%20text%2C%20no%20watermark?width=1200&height=675&nologo=true&model=flux&seed=70744)


The biggest trap in fixturing isn't the length — it's the **trigger**. If the lease says "rent commences 90 days after possession," a **landlord delivery delay** can shove your buildout into the rent-paying period.

Negotiate **rent commencement = the later of (a) a fixed outside date, or (b) substantial completion of Tenant's improvements**, with **extensions for landlord-caused delays and permitting delays** outside your control. Add:

- **Landlord delivery standard.** Define what condition the space must be in on possession (**warm shell, cold shell, or vanilla box**) and that the fixturing clock doesn't start until it's delivered in that condition.
- **Permit-delay tolling.** If the city is slow to issue permits, the fixturing period extends day-for-day. Per **Cushman & Wakefield** tenant-advisory guidance, permitting routinely adds **30-60 days** in major metros.
- **Force-majeure tolling** for supply-chain and inspection delays.

## What Else to Get Waived During Fixturing

Don't let "rent-free" quietly mean "base-rent-free only." Push to waive:

- **CAM / operating expenses** — these can run **$5-$15/sq ft**; paying them during a dead buildout is paying for nothing.
- **Property tax and insurance pass-throughs** during fixturing.
- **Percentage rent** (you have no sales yet — obvious, but get it in writing).

You will typically still owe **utilities you actually consume** during buildout (construction power, water), and that's fair — but negotiate the **fixed pass-throughs** to zero.

```mermaid
sequenceDiagram
    participant T as Tenant
    participant L as Landlord
    T-over L: Request 90-day rent-free fixturing
    L-->over T: Offer fixturing inside the free-rent months
    T-over L: Insist fixturing is SEPARATE from abatement
    L-->over T: Counter: rent starts 90 days post-possession
    T-over L: Tie commencement to substantial completion + delay tolling
    L-->over T: Agree; waive CAM during fixturing
    T-over T: Confirm delivery condition + permit tolling in lease
```

## Put the Fixturing Terms in Writing — Exactly

A handshake "you'll have time to build out" is worthless. The lease (or a binding side letter) must spell out:

- **The fixturing length in days** — e.g., "**90 days** from delivery of possession in vanilla-box condition."
- **What's waived** — "**base rent, CAM, and fixed pass-throughs** are abated during the fixturing period."
- **The trigger for rent commencement** — "the **later of** the outside date or **substantial completion** of Tenant's improvements."
- **Delay tolling** — "the fixturing period extends day-for-day for **landlord-caused delays, permitting delays, and force-majeure events**."
- **Access for contractors** — confirm your GC and subs can get in, run construction power, and stage materials during the period.

Per **BOMA** and **NAIOP** lease-standard guidance, every one of these should appear in the lease body, not in an email. If it isn't written, assume you'll be billed for it. A clean fixturing clause is short, but each missing line is a place the landlord can start your rent clock early.

## Leverage: When You Get the Most

You get the longest free fixturing when:

- **The space needs heavy buildout** (restaurant, medical, fitness) — the landlord knows it.
- **The market is soft** and vacancy is high — per **CBRE** data, concession packages widen in tenant-favorable markets.
- **You're a strong credit tenant** signing a **5-10 year** term — long term justifies generous front-end concessions.
- **The space sat vacant** — landlords trade fixturing time for filling dead inventory.

<!--pillar-weave-->
## Related on PULSE

- [How Do I Negotiate Free Rent and a Rent-Abatement Period?](/knowledge/q13644)
- [How do you calculate CAC payback period correctly for a hybrid PLG-plus-sales motion in 2027?](/knowledge/q16185)
- [How do you calculate the CAC payback period in 2027?](/knowledge/q12869)
- [What is CAC payback period and what is a healthy benchmark in 2027?](/knowledge/q12693)
- [How do you calculate true CAC payback period when you have multi-quarter sales cycles?](/knowledge/q414)
- [How do you calculate the actual payback period on a dedicated lead-routing system when MQL volume stays flat?](/knowledge/q579)

## Negotiating the Fixturing Period: What Landlords Typically Accept

Landlords are most willing to grant a free fixturing period when the space requires significant tenant improvement work or when you're taking possession of a "vanilla box" that needs full build-out. In practice, the standard range for a free fixturing period is **30 to 90 days**, with 60 days being the most common sweet spot for mid-market retail or restaurant spaces. For office tenants doing moderate build-outs, 30 to 45 days is typical.

The key leverage point is that landlords benefit from you starting construction early because it speeds up their ability to collect full rent. They also avoid the risk of you walking away if the timeline feels too tight. You can strengthen your ask by proposing a "good faith deposit" (typically one month's rent) that converts to first month's rent if you fail to open for business by the fixturing deadline. This reduces the landlord's perceived risk and often unlocks the free period.

For spaces under 2,000 square feet, expect pushback on anything beyond 30 days free. For spaces over 5,000 square feet, especially with complex build-outs like restaurants or medical offices, 90 days is reasonable to request. Always get the fixturing period in writing as a separate clause — never as a verbal handshake.

## Protecting Your Fixturing Period from Common Pitfalls

Even with a free fixturing period in your lease, two traps can kill its value. First, **the "continuous operation" clause**: some leases require you to be open for business by a specific date or the fixturing period becomes retroactively payable. Negotiate a "substantial completion" standard instead — meaning your build-out is done enough to pass inspection, even if you're not yet serving customers.

Second, **utilities and insurance costs** during the fixturing period. While rent and CAM may be waived, landlords often still charge you for actual utility usage and require you to carry liability insurance from day one. Clarify in the lease that you're only responsible for "metered utilities" and not a pro-rata share of building common area utilities during the fixturing window. Also, confirm that your insurance obligation starts on the possession date, not the rent commencement date — otherwise you'll have a gap in coverage.

A third hidden issue: **building access hours**. Some landlords restrict after-hours access during fixturing periods, which can cripple construction schedules. Negotiate 24/7 access for your contractors during the fixturing period, with reasonable notice (typically 24 hours) for security purposes.

## When to Walk Away and Alternative Strategies

If a landlord flatly refuses any free fixturing period, especially for a space requiring more than 30 days of build-out, consider whether the deal economics still work. For a 3,000-square-foot space at $40/sq ft, losing a 60-day fixturing period costs you roughly $20,000. If the landlord offers other concessions like a higher tenant improvement allowance or an extra month of free rent, the math might still pencil out.

An alternative strategy: **propose a "rent commencement cap"** — meaning your rent starts no earlier than 60 days after possession, regardless of when the landlord delivers the space. This protects you if the landlord's own construction delays push your possession date back. Another approach is to ask for a **"fixturing allowance"** — a direct cash payment of $5-$15 per square foot to offset your carrying costs during the build-out period, even if rent technically starts earlier.

If you're in a hot market with multiple tenants competing for the space, be prepared to compromise. In that scenario, a 30-day free fixturing period is still achievable, but you may need to accept a shorter term or agree to a "use it or lose it" clause that forfeits unused days. Always run the numbers: a free fixturing period is worth roughly 1-3% of your total lease value, so it's worth fighting for but not a deal-breaker in every case.

## FAQ

**What exactly is a fixturing period?**  
A fixturing period is a window—typically 30 to 90 days—where you can enter the space before your lease officially starts to install equipment, furniture, and finishes. During this time, you’re not paying base rent or operating expenses, but you’re responsible for your own utilities and insurance.

**How do I ask for a free fixturing period in negotiations?**  
Bring it up as a separate, non-monetary concession early in the lease proposal. Frame it as a standard industry practice for buildouts—landlords often grant it if they have vacant space and want you to start improvements sooner rather than later.

**Will the landlord always say yes to a free fixturing period?**  
No—it depends on market conditions and the landlord’s timeline. In a tenant-friendly market or if the space has been vacant for a while, you have strong leverage. In a hot market, you may need to compromise on length or accept a shorter period.

**Does the fixturing period affect my rent commencement date?**  
Yes, it pushes your rent start date later. The lease typically defines a “rent commencement date” that begins after the fixturing period ends. Make sure the lease clearly states that no base rent or CAM charges accrue during the early-occupancy window.

**What costs am I still responsible for during the fixturing period?**  
You typically cover your own utilities, janitorial services, and insurance. Some landlords may also require you to pay for any damage you cause. Always get these terms in writing to avoid surprise bills.

**Can I get a fixturing period if I’m taking the space “as-is”?**  
Yes, but it may be shorter. Landlords are more likely to offer a free period if you’re doing significant buildout work. For an as-is space, you might still negotiate 15–30 days to move in and set up, but don’t expect the full 90 days without a strong reason.

## Sources

- CBRE — Tenant Concessions and leasing-incentive benchmarks
- JLL — Office and Retail leasing concession practice
- Cushman & Wakefield — Tenant Advisory and buildout-timeline guidance
- NAIOP — lease-structure and tenant-improvement research
- BOMA — Commercial Lease Standards and rent-commencement norms
- ICSC — retail buildout and fixturing-period guidance
- Tenant-rep broker guidance on fixturing and early-occupancy clauses

**People also search for:** get the early-occupancy (fixturing) period free · how to get the early-occupancy (fixturing) period free · get the early-occupancy (fixturing) period free guide

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