5. Omitted 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:

e. Any responsibility so you can otherwise states of one’s United states of america, the fresh Service out-of Homes and you can Metropolitan Development/Government Houses Government, this new Agency out of Veterans Issues, or Fannie mae otherwise Freddie Mac computer per whole finance insured, guaranteed, or ordered by the Service of Property and Urban Creativity/Federal Construction Government, the new Agencies off Veterans Issues, or Fannie mae or Freddie Mac, but says predicated on or due to the new securitizations of every instance money about RMBS listed in Annex dos;

h. Any accountability towards the states otherwise make so-called about following qui tam methods, with no setoff linked to numbers paid off under which Arrangement should be employed to almost any recuperation concerning the some of these actions:

(i) United states, este al. ex rel. Szymoniak v. Western Real estate loan Upkeep, Inc., Saxon Mortgage. Inc., mais aussi al., Zero. 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.

Every costs (just like the outlined from the Government Acquisition Controls, 48 C

9. Unallowable Can cost you 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 data, defense, and restorative measures undertaken in response into the Joined States’ review(s) and you may municipal and you can people unlawful investigation(s) to the new things included in which Agreement (and additionally attorney’s fees);

elizabeth. New fee Morgan Stanley produces for the All of us pursuant in order to which Arrangement, was unallowable prices for authorities hiring purposes (hereinafter named “Unallowable Can cost you”).

10. Future Treatment of Unallowable Will set you 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.

Any accountability in order to otherwise states of Federal Credit Commitment Government, one Government Financial Financial, or perhaps the Government Deposit Insurance rates Company (along with with its capacity just like the a firm, recipient, or conservator) (the fresh “FDIC”);

eleven. This Agreement try governed by laws and regulations of your You. Brand new Activities agree totally that new personal legislation and you may venue for dispute concerning this over at the website Arrangement ‘s the Us Region Judge towards the North Section away from California.

13. The latest Activities recognize this Contract is generated with no demo or adjudication otherwise official wanting of every problem of facts otherwise rules, that will be maybe not a last purchase of any court otherwise governmental expert.

14. Both parties shall sustain its legal or any other costs obtain in connection with this count, like the preparation and gratification of Arrangement.