Waiver regarding Possible FDIC Indemnification Claims from the 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:

e. One liability to help you or claims of read this post here U . s ., the newest Institution regarding Property and you can Urban Invention/Government Homes Government, the fresh Institution from Experts Things, otherwise Fannie mae otherwise Freddie Mac according to entire finance covered, protected, or ordered by the Agency off Property and you will Urban Invention/Government Construction Management, this new Agencies from Experts Points, or Fannie mae otherwise Freddie Mac, except says considering or arising from the newest securitizations of any such as for instance funds about RMBS listed in Annex 2;

h. People liability to the claims or conduct so-called regarding the following the qui tam actions, no setoff linked to number paid back below so it Contract should be applied to almost any healing about the any of these actions:

(i) All of us, el al. ex rel. Szymoniak v. American Home mortgage Upkeep, Inc., Saxon Home loan. Inc., et al., Zero. 0:10-cv-01465-JFA (D.S.C.);

6. Releases 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.

All the will cost you (as laid out about Government Buy Control, 48 C

9. Unallowable Will set you back Laid out. 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, cover, and corrective procedures undertaken as a result for the Joined States’ audit(s) and you may municipal and you will any unlawful study(s) concerning the the fresh things covered by this Contract (in addition to attorney’s costs);

e. New percentage Morgan Stanley makes to your United states pursuant to help you so it Agreement, try unallowable prices for regulators hiring intentions (hereinafter described as “Unallowable Can cost you”).

10. Upcoming Remedy for 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 responsibility to or states of one’s Federal Borrowing Union Government, people Federal Financial Lender, or even the Government Put Insurance coverage Agency (and additionally within the potential because the an agency, person, or conservator) (the “FDIC”);

eleven. It Agreement try influenced because of the guidelines of You. The new Events agree that new private jurisdiction and place for your conflict relating to this Agreement is the All of us Section Legal on the North Region regarding California.

13. The fresh new Parties recognize that this Contract is established without the trial otherwise adjudication or judicial in search of of any problem of truth or laws, which will be maybe not a final order of any court otherwise governmental expert.

14. Both sides should bear its own court or any other costs sustained in this regard number, for instance the preparing and performance in the Agreement.