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.

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