Waiver away from Possible FDIC Indemnification Claims of the Morgan Stanley

5. Excluded States. 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. One accountability so you’re able to or states of the Usa, brand new Company away from Housing and you may Metropolitan Innovation/Government Houses Government, the fresh new Agencies of Veterans Facts, or Federal national mortgage association or Freddie Mac in accordance with entire funds covered, guaranteed, otherwise bought because of the Agency of Homes and Metropolitan Innovation/Federal Property Management, this new Department away from Experts Situations, otherwise Federal national mortgage association otherwise Freddie Mac, except claims according to otherwise due to the newest securitizations of every instance loans regarding RMBS listed in Annex 2;

h. Any accountability toward says or conduct americash loans Hatton so-called in the adopting the et celle-ci tam procedures, without setoff related to amounts paid off less than which Contract will be employed to your recovery to the any of these actions:

(i) You, este al. ex rel. Szymoniak v. Western Real estate loan Servicing, Inc., Saxon Mortgage. Inc., ainsi que al., No. 0:10-cv-01465-JFA (D.S.C.);

6. Releases of 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.

The costs (as the discussed regarding the Government Order Regulation, forty eight C

9. Unallowable Can 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 analysis, shelter, and you can restorative measures done in response to your United States’ audit(s) and you will municipal and you will people unlawful research(s) concerning the things included in which Agreement (plus attorney’s charges);

elizabeth. This new fee Morgan Stanley helps make into the You pursuant to help you so it Arrangement, is actually unallowable costs for government hiring objectives (hereinafter referred to as “Unallowable Will cost you”).

10. Future Remedy for Unallowable Costs. 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.

Any liability so you’re able to otherwise claims of Federal Borrowing from the bank Commitment Management, people Government Mortgage Financial, or even the Government Deposit Insurance policies Business (and additionally within the strength as the a business, recipient, otherwise conservator) (the brand new “FDIC”);

eleven. That it Contract are governed by the guidelines of your You. New Parties concur that the new private jurisdiction and you may venue your conflict about it Contract is the You Section Courtroom on the North Area off Ca.

thirteen. The latest Parties accept that Arrangement is created without the trial otherwise adjudication otherwise official interested in of any problem of truth or laws, and that is not a last acquisition of every court or political authority.

14. Both parties should incur its courtroom and other will cost you obtain in this regard count, including the preparation and gratification of this Agreement.