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 accountability to help you or says of your United states, the fresh Institution from Homes and Metropolitan Advancement/Federal Construction Administration, the brand new Department out of Experts Products, or Federal national mortgage association otherwise Freddie Mac in accordance with whole fund covered, secured, or purchased of the Agency regarding Homes and you will Metropolitan Development/Federal Casing Government, brand new Agency away from Experts Activities, otherwise Fannie mae otherwise Freddie Mac, but claims according to or due to the fresh new securitizations of every eg financing about RMBS listed in Annex dos;

h. People liability on the claims otherwise carry out alleged throughout the following qui tam strategies, no setoff connected with quantity paid down lower than so it Arrangement shall be employed to almost any data recovery to the some of these actions:

(i) United states, el al. ex rel. Szymoniak v. American Home mortgage Upkeep, Inc., Saxon Financial. Inc., mais aussi al., Zero. 0:10-cv-01465-JFA (D.S.C.);

6. Releases of the Morgan Stanley. Morgan loans in Marion 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.

All the will cost you (just like the defined from the Government Order Controls, forty-eight C

9. Unallowable Will cost you Discussed. 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 study, safety, and you may restorative tips done as a result for the United States’ audit(s) and you will civil and you can people unlawful studies(s) concerning the matters covered by this Contract (in addition to attorney’s charges);

e. This new fee Morgan Stanley renders on the You pursuant so you can that it Contract, are unallowable charges for government hiring motives (hereinafter described as “Unallowable Will cost you”).

10. Future Remedy for 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.

People liability so you’re able to otherwise states of your own National Borrowing from the bank Commitment Management, people Government Home loan Bank, or perhaps the Federal Put Insurance coverage Corporation (and additionally in strength since the a company, receiver, or conservator) (the newest “FDIC”);

eleven. So it Arrangement was ruled from the regulations of the You. The brand new Parties agree totally that the new personal jurisdiction and you can place for your dispute about any of it Agreement ‘s the United states Area Judge with the North Section out-of Ca.

thirteen. The brand new Events recognize that Arrangement is done without the demo or adjudication otherwise official looking for of any dilemma of facts otherwise rules, and that is maybe not a final purchase of any court or governmental authority.

14. Both parties should happen a unique judge or other costs sustained in this regard matter, for instance the preparing and gratification on the Contract.