Waiver out of Possible FDIC Indemnification Claims by Morgan Stanley

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:

elizabeth. People liability to help you otherwise says of your Us, this new Service out-of Houses and Metropolitan Innovation/Government Property Government, the new Company from Pros Facts, otherwise Fannie mae or Freddie Mac computer based on whole funds insured, secured, or bought by Agency of Housing and you will Metropolitan Advancement/Government Property Management, the newest Service from Experts Things, or Fannie mae otherwise Freddie Mac computer, except says centered on or due to the brand new securitizations of any particularly loans regarding the RMBS placed in Annex dos;

h. People responsibility towards the claims otherwise carry out so-called regarding the following the qui tam strategies, with no setoff related to amounts paid down lower than that it Agreement shall be reproduced to virtually any healing to the these actions:

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

6. Launches from 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 flip through this site FDIC in its Receiver Capacity for any payment under this Agreement.

Every can cost you (just like the outlined on Federal Acquisition Regulation, 48 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 investigation, protection, and you can restorative procedures performed in reaction into the Joined States’ audit(s) and you may civil and one violent research(s) concerning the the issues included in that it Contract (and attorney’s fees);

age. The fresh commission Morgan Stanley tends to make on the You pursuant so you can this Contract, are unallowable charges for regulators contracting intentions (hereinafter also known as “Unallowable Will cost you”).

10. Coming Therapy of 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 accountability so you’re able to or says of Federal Borrowing from the bank Partnership Management, one Federal Home loan Financial, or the Federal Deposit Insurance policies Agency (and in its strength as a firm, recipient, otherwise conservator) (the new “FDIC”);

eleven. It Contract is actually influenced by the regulations of You. Brand new People agree that the fresh new private legislation and you may area when it comes down to conflict about this Contract is the You Section Judge on North Area away from Ca.

13. Brand new Events know that the Arrangement is established without any demo or adjudication otherwise official in search of of any dilemma of fact otherwise law, that is perhaps not a last buy of every judge or governmental expert.

fourteen. Both sides should bear its courtroom or other costs incurred in connection with this matter, like the preparation and gratification of Arrangement.