5. Excluded Says. 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:

elizabeth. People accountability in order to or says of one’s Usa, the latest Department out of Construction and you can Metropolitan Advancement/Government Housing Management, this new Agency off Pros Issues, otherwise Fannie mae or Freddie Mac computer according to whole money covered, guaranteed, or bought from the Institution from Property and you will Metropolitan Development/Government Houses Administration, the Institution off Pros Points, otherwise Fannie mae otherwise Freddie Mac computer, except states centered on otherwise as a result of the latest securitizations of any instance fund regarding the RMBS placed in Annex dos;

h. People liability on the states otherwise perform alleged on the following the et celle-ci tam steps, with no setoff about wide variety repaid under which Contract will be reproduced to your data recovery to the these actions:

(i) All of us, este al. ex rel. Szymoniak v. American Real estate loan Servicing, Inc., Saxon Mortgage. Inc., et al., Zero. 0:10-cv-01465-JFA (D.S.C.);

6. Launches by 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 can cost you (while the defined on the Federal Order Regulation, 48 C

9. Unallowable Costs Defined. 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 studies, safety, and you can corrective measures performed as a result towards United States’ review(s) and you can municipal and people unlawful research(s) to the the new issues protected by this Arrangement (plus attorney’s costs);

age. The latest fee Morgan Stanley tends to make to the You pursuant to that it Contract, try unallowable prices for government employing objectives (hereinafter referred to as “Unallowable Will set you back”).

10. Future Treatment of Unallowable Will set you loans Hodges AL back. 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 liability in order to or states of the Federal Borrowing Partnership Management, people Federal Mortgage Financial, or perhaps the Government Deposit Insurance Company (together with in potential once the a corporation, receiver, otherwise conservator) (the newest “FDIC”);

eleven. That it Contract try ruled by guidelines of one’s United states. The newest Parties agree totally that the personal legislation and you may area for your disagreement about this Arrangement is the You Section Legal to the North Area off Ca.

thirteen. The new Activities admit this particular Agreement is established without having any demo otherwise adjudication or official in search of of every problem of truth otherwise laws, in fact it is not a last order of any judge otherwise governmental authority.

14. Each party will incur a unique legal or any other costs incurred in this regard matter, including the thinking and performance in the Contract.