Waiver off Potential FDIC Indemnification States of the Morgan Stanley

e. Any accountability to help you or says of your own United states, the latest Agency off Housing and you may Urban Invention/Government Housing Administration, the newest Service out-of Pros Issues, otherwise Fannie mae or Freddie Mac computer per whole funds covered, secured, or ordered of the Institution off Construction and you can Metropolitan Creativity/Government Housing Government, the fresh Department out of Veterans Products, otherwise Federal national mortgage association or Freddie Mac computer, except claims considering or as a result of the fresh securitizations of every particularly loans about RMBS placed in Annex dos;

h. Any liability with the says otherwise conduct so-called in the after the qui tam procedures, no setoff associated with quantity paid back under so it Agreement shall be employed to the recuperation regarding the any of these actions:

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(i) All of us, este al. ex rel. Szymoniak v. Western Real estate loan Maintenance, Inc., Saxon Home loan. Inc., et 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.

9. Unallowable Can cost you Laid out. All costs (as defined in the Federal Acquisition Regulation, 48 C.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 research, coverage, and you may restorative strategies done responding to the Joined States’ audit(s) and municipal and you can people violent studies(s) to the the new things included in which Agreement (as well as attorney’s charges);

e. The fee Morgan Stanley renders on the United states pursuant to which Contract, try unallowable prices for government employing intentions (hereinafter named “Unallowable Will cost you”).

People accountability to help you otherwise claims of the Federal Borrowing Union Management, one Government Financial Bank, or the Government Put Insurance rates Business (including in potential just like the a firm, recipient, or conservator) (this new “FDIC”);

10. Future Remedy for 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.

eleven. Which Agreement are influenced from the regulations of one’s You. The latest Events agree totally that the new exclusive jurisdiction and you can area when it comes to conflict about this Arrangement ‘s the You Section Judge towards the Northern District off Ca.

thirteen. New Functions admit that this Arrangement is established with no demo otherwise adjudication otherwise judicial looking for of every problem of reality otherwise law, which is maybe not a last order of any courtroom otherwise governmental power.

14. Each party should incur its judge or any other costs sustained in this regard amount, including the planning and Hamilton loans gratification associated with the Arrangement.

fifteen. Both sides and you can signatory to that particular Agreement signifies that it freely and you will willingly enters into that it Agreement with no level of duress or compulsion.