Waiver regarding Prospective FDIC Indemnification Claims of the Morgan Stanley

5. Excluded Claims. Notwithstanding the releases in Paragraph 4 of this Agreement, or any other term(s) of this Agreement, the following claims are specifically reserved and not released by this Agreement:

age. Any liability in order to or says of the Usa, this new Agencies away from Casing and you can Urban Advancement/Federal Property Administration, the new Agencies off Pros Circumstances, otherwise Fannie mae or Freddie Mac per whole loans covered, guaranteed, or purchased by the Company of Housing and you may Metropolitan Advancement/Government Construction Administration, the fresh Department away from Veterans Things, or Federal national mortgage association or Freddie Mac computer, except states based on otherwise arising from the fresh new securitizations of any eg funds in the RMBS placed in Annex dos;

h. People responsibility towards says or make so-called throughout the after the qui tam strategies, and no setoff connected with numbers paid around that it Contract shall be reproduced to virtually any healing to the any of these actions:

(i) Us, el al. ex lover rel. Szymoniak v. American Mortgage loan Servicing, Inc., Saxon Financial. Inc., ainsi que al., No. 0:10-cv-01465-JFA (D.S.C.);

6. Launches from the Morgan Stanley. Morgan Stanley and any current or former affiliated entity and any of their respective successors and assigns fully and finally release the United States and its officers, agents, employees, and servants, from any claims (including attorney’s fees, costs, and expenses of every kind and howev er denominated) that Morgan Stanley has asserted, could have asserted, or may assert in the future against the United States and its officers, agents, employees, and servants, related to the Covered Conduct to the extent released hereunder and the investigation and civil prosecution to date thereof.

7. . Morgan Stanley hereby irrevocably waives any right that it otherwise might have to seek (and in any event agrees that it shall not seek) any form of indemnification, reimbursement or contribution from the FDIC in any capacity, including the FDIC in its Corporate Capacity or the FDIC in its Receiver Capacity for any payment under this Agreement.

Every will set you back (as the discussed regarding the Federal Buy Regulation, forty eight C

9. Unallowable Costs Outlined. F.R. -47) incurred by or on behalf of Morgan Stanley, and its present or former officers, directors, employees, shareholders, and agents in connection with:

c. Morgan Stanley’s data, safety, and corrective measures undertaken in response to your Joined States’ audit(s) and civil and you can any unlawful study(s) to the the fresh new issues protected by this Arrangement (and attorney’s charges);

age. The new payment Morgan Stanley produces towards the All of us pursuant so you’re able to so it Arrangement, is unallowable costs for bodies contracting aim (hereinafter also known as “Unallowable Costs”).

10. Coming Therapy of Unallowable Can cost you. Unallowable Costs will be separately determined and accounted for by Morgan Stanley, and Morgan Stanley shall not charge such Unallowable Costs directly or indirectly to any contract with the United States.

One accountability to help you otherwise says of Federal Borrowing from the bank Relationship Government, people Federal Home loan Lender, or the Government Put Insurance Company (in addition to in its capacity since the an enterprise, recipient, otherwise conservator) (the latest “FDIC”);

11. It Arrangement are influenced by the laws of your All of us. The fresh Parties agree totally loans Hamilton AL that this new exclusive legislation and area for any disagreement relating to this Arrangement is the All of us District Judge into the Northern District off Ca.

thirteen. Brand new People recognize that the Arrangement is established without any trial otherwise adjudication otherwise judicial interested in of any issue of truth otherwise rules, that’s perhaps not a final purchase of any judge otherwise governmental power.

14. Both parties will sustain its very own courtroom and other costs incurred in connection with this count, such as the thinking and performance regarding the Arrangement.