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:

elizabeth. One accountability to help you otherwise says of your own Us, brand new Institution of Homes and you may Urban Creativity/Government Property Management, the brand new Company of Pros Facts, otherwise Fannie mae otherwise Freddie Mac computer relating to whole loans insured, secured, otherwise purchased because of the Company out-of Construction and you can Metropolitan Invention/Government Property Management, the fresh Company out-of Veterans Situations, or Federal national mortgage association or Freddie Mac computer, except says centered on otherwise arising from the new securitizations of any instance loans on RMBS listed in Annex dos;

h. Any liability towards the says otherwise make so-called regarding the following et celle-ci tam strategies, with no setoff about numbers repaid around it Agreement should be reproduced to virtually any recuperation about the these actions:

(i) United states, el al. ex rel. Szymoniak v. American Mortgage loan Maintenance, Inc., Saxon Home loan. Inc., et al., No. 0:10-cv-01465-JFA (D.S.C.);

6. Launches 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 of the will set you back (because the outlined from the Federal Buy Control, forty eight 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, safeguards, and you may restorative procedures performed as a result into Joined States’ audit(s) and you may municipal and you may people criminal analysis(s) about the the fresh issues included in it Arrangement (including attorney’s check charge);

age. The new commission Morgan Stanley produces on the All of us pursuant so you’re able to that it Contract, is unallowable costs for bodies hiring objectives (hereinafter named “Unallowable Will set you back”).

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.

Any liability to or says of your National Credit Relationship Government, one Federal Mortgage Bank, or perhaps the Federal Deposit Insurance policies Business (together with within the capacity due to the fact an agency, individual, or conservator) (the fresh “FDIC”);

eleven. So it Arrangement try influenced by laws of your Us. The latest Functions agree totally that the latest exclusive jurisdiction and location for disagreement about that Contract ‘s the United states Area Courtroom for the Northern District from California.

13. The Parties accept that this Contract is done with no demonstration or adjudication or official interested in of every issue of reality otherwise laws, which is perhaps not a last acquisition of every courtroom or political authority.

14. Both parties should happen its very own legal or other will cost you sustained in connection with this amount, including the preparation and performance from the Agreement.