Common use of Certain Protections Clause in Contracts

Certain Protections. The Managing Member acknowledges and agrees that the letter agreement, dated February 24, 2010, among BAM, Pershing Square, LP and certain affiliates of Pershing Square, LP that provides for certain bid protections is being held by BAM for the benefit of the Consortium. The Managing Member agrees to pay, or to cause to be paid, to the Consortium, any amounts payable to BAM under such letter agreement.

Certain Protections. The Managing Member General Partner acknowledges and agrees that the letter agreement, dated February 24, 2010, among BAM, Pershing Square, LP and certain affiliates of Pershing Square, LP that provides for certain bid protections is being held by BAM for the benefit of the Consortium. The Managing Member General Partner agrees to pay, or to cause to be paid, to the Consortium, any amounts payable to BAM under such letter agreement.