Waiver out-of Potential FDIC Indemnification States by the Morgan Stanley

5. Omitted 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:

e. One liability to or claims of Us, the latest Agencies out-of Houses and Metropolitan Innovation/Government Construction Government, this new Service of Experts Points, or Federal national mortgage association otherwise Freddie Mac based on entire fund insured, guaranteed, or purchased by the Department off Construction and you will Urban Innovation/Government Houses Government, the newest Institution off Pros Items, or Fannie mae otherwise Freddie Mac, except states centered on otherwise due to this new securitizations of every such as for instance money on the RMBS listed in Annex 2;

h. Any accountability with the states or perform alleged regarding after the qui tam measures, and no setoff linked to wide variety paid down significantly less than so it Agreement will be applied to your recovery about the some of these actions:

(i) United states, el al. ex rel. Szymoniak v. Western Real estate loan Upkeep, Inc., Saxon Home loan. Inc., mais aussi al., No. 0:10-cv-01465-JFA (D.S.C.);

6. Launches by 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.

Most of the will cost you (while the laid out throughout the Federal Order Controls, 48 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 investigation, protection, and corrective actions performed responding on the Joined States’ audit(s) and municipal and you can people unlawful studies(s) about the the issues included in which Agreement (and attorney’s fees);

age. The brand new fee Morgan Stanley renders toward You pursuant to it Arrangement, are unallowable charges for regulators employing motives (hereinafter described as “Unallowable Will cost you”).

10. Coming Treatment of 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.

One liability to help you or says of the National Borrowing from the bank Relationship Management, people Government Mortgage Financial, and/or Government Deposit Insurance coverage Agency (together with with its capability since a corporation, receiver, or conservator) (this new “FDIC”);

eleven. This Arrangement try influenced by rules of your United states. The latest Activities agree americash loans West Pleasant View that the newest private jurisdiction and you can venue for all the argument relating to this Contract is the United states District Legal towards the North Region out-of California.

13. The Activities accept this Contract is established without having any demo or adjudication otherwise official searching for of any problem of truth otherwise law, in fact it is not a final acquisition of every legal otherwise political authority.

14. Both sides should incur its own court and other will cost you incurred in this regard matter, for instance the preparation and performance in the Arrangement.