Entire Agreement; Conflict. 20.1 This Agreement, the other Operative Documents, the Co-Lender Agreement (if applicable) and the Servicing Agreement constitute the entire agreement of the Parties with respect to the Transaction and supersede all previous and contemporaneous negotiations, promises, covenants, agreements, understandings, representations and warranties in respect thereof, all of which have become merged and finally integrated into this Agreement, the other Operative Documents, the Co-Lender Agreement (if applicable) and the Servicing Agreement, as applicable, subject to Section 20.3 below. 20.2 If there is any inconsistency between the Transaction Specific Terms and the Standard Terms, the Transaction Specific Terms shall govern and control. 20.3 The Parties agree and acknowledge that, except for Section 2.1(d) of this Agreement, nothing contained in this Agreement (including, without limitation, the provisions of Sections 4.2, 5.1(e), 5.1(f), 5.1(g), 5.1(i), 5.3, 6.2, 9.2, 12.1, 12.2, 12.3, 12.4, 19, 20.1 and 22) shall impair the rights of MS Facilities LLC, the Federal Reserve Bank of Boston, the Board of Governors of the Federal Reserve System, the United States Department of the Treasury or the United States Department of Justice to rely on, enforce or take any action under law, in equity or otherwise with respect to the Lender Registration Certifications and Covenants or the Lender Transaction Specific Certifications and Covenants (including, without limitation, the representations, warranties, covenants and undertakings set forth therein).
Appears in 7 contracts
Samples: Participation Agreement, Participation Agreement, Participation Agreement
