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. People responsibility in order to otherwise states of the United states, the brand new Department of Casing and Metropolitan Invention/Federal Houses Government, the new Institution off Experts Circumstances, or Federal national mortgage association or Freddie Mac computer according to whole loans covered, protected, or bought from the Agencies out of Houses and you will Urban Development/Federal Construction Administration, this new Department regarding Veterans Affairs, otherwise Federal national mortgage association otherwise Freddie Mac computer, except claims predicated on or arising from the brand new securitizations of every eg money throughout the RMBS listed in Annex dos;

h. Any responsibility to the says or carry out so-called regarding the adopting the qui tam steps, without setoff pertaining to amounts paid off not as much as so it Agreement should be applied to almost any recovery in connection with some of these actions:

(i) All of us, el al. ex rel. Szymoniak v. Western Home mortgage Maintenance, Inc., Saxon Mortgage. Inc., mais aussi al., Zero. 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.

All the costs (given that defined on the Government Purchase Controls, 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 study, safeguards, and you can corrective procedures undertaken in response for the United States’ review(s) and civil and you may any violent analysis(s) concerning the this new matters included in it payday loan Locust Fork Contract (plus attorney’s charge);

age. New payment Morgan Stanley produces towards All of us pursuant to it Agreement, try unallowable charges for authorities hiring intentions (hereinafter also known as “Unallowable Will set you back”).

10. Future Treatments 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 accountability to help you or claims of one’s Federal Borrowing from the bank Relationship Administration, one Government Home loan Bank, or the Government Put Insurance policies Company (including in capability since a corporation, recipient, or conservator) (new “FDIC”);

eleven. So it Contract is actually influenced of the laws and regulations of your You. The fresh Functions agree totally that the newest personal legislation and you can location when it comes down to conflict about any of it Agreement ‘s the Us District Courtroom for the North District away from Ca.

13. The Functions accept this particular Agreement is made without having any demo otherwise adjudication or official in search of of every dilemma of reality or legislation, and that’s not a last purchase of every court otherwise political expert.

fourteen. Each party should bear its own legal or other will set you back sustained in this regard matter, including the preparing and gratification associated with the Contract.