You agree to indemnify, defend and hold the Morgan Stanley Parties harmless from and against any and all losses, liabilities, judgments, arbitration awards, settlements, expenses, damages and costs, including attorneys fees and disbursements, as incurred by any of them arising in any manner out of or relating to Your use of, or inability to use, the Services or any breach or alleged breach by You of this Agreement.
Morgan Stanley Defendants' Motion to Dismiss In their "Motion to Dismiss," the Morgan Stanley Defendants contend that Plaintiffs' complaint should be dismissed because "(i) Plaintiffs have no standing, (ii) the Court has no personal jurisdiction over the Morgan Stanley Parties, and (iii) each of Plaintiffs' nine causes of action fails to state a claim for relief."81 The Court first addresses the parties' arguments regarding standing.
By no later than the end of the Due Diligence Period, the AG shall advise the Morgan Stanley Parties whether the scope of the AG's release will be as stated in paragraph 4.4. If so, then the condition of this paragraph shall be satisfied.