Releases by the United States. Subject to the exceptions in Paragraph 12 11 of this Agreement (“Excluded Claims”), and conditioned upon Defendants’ filing of a 12 withdrawal of their Eleventh Affirmative Defense as provided in Paragraph 8 of this 13 Agreement and Defendants’ full and timely payment of the Settlement Amount, the 14 United States fully and finally releases the Released Entities from any civil claims the 15 United States has for Covered Conduct occurring between January 2004 and December 16 2007 under FIRREA, 12 U.S.C. § 1833a; the False Claims Act, 31 U.S.C. § § 3729- 17 3733; the common law theories of negligence, gross negligence, payment by mistake, 18 unjust enrichment, breach of fiduciary duty, breach of contract, misrepresentation, 19 deceit, fraud, or aiding and abetting any of the foregoing; or any other claim that the 20 Civil Division of the Department of Justice has actual and present authority to assert and 21 compromise pursuant to 28 C.F.R. § 0.45(d) and (j).
Appears in 5 contracts
Samples: 1 Settlement Agreement, 1 Settlement Agreement, 1 Settlement Agreement
