EX-99.38 2 d767275dex9938.htm EX-99.38 EX-99.38

Exhibit 38

TERMINATION AGREEMENT

Reference is made to that certain Agreement by and between Corvex Management LP (“Corvex”) and Related Real Estate Recovery Fund, L.P. (“Related”), dated as of January 29, 2013 (the “Original Agreement”). Pursuant to Section 5 of the Original Agreement, Corvex and Related hereby mutually agree to terminate the Original Agreement, effective immediately (the “Termination”). For the avoidance of doubt, Sections 3 and 7 of the Original Agreement shall survive the Termination.

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The parties have caused this Termination Agreement to be executed as of August 8, 2014.

 

CORVEX MANAGEMENT LP
By:  

/s/ Keith Meister

  Name:   Keith Meister
  Title:   Managing Partner
RELATED REAL ESTATE RECOVERY FUND, L.P.
By:  

Related Real Estate Recovery Fund GP, L.P.,

its general partner

By:  

Related Real Estate Recovery Fund GP-A, LLC,

its general partner

By:  

/s/ Richard O’Toole

  Name:   Richard O’Toole
  Title:   Vice President