Common use of Rights and Liabilities Clause in Contracts

Rights and Liabilities. The guarantee and right to require pur- chase will be directly enforceable by Holder notwithstanding any fraud or misrepresenta- tion by Lender or any unenforceability of this Loan Note Guarantee—DARBE by Lend- er. Nothing contained herein will constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it pos- sesses against the Lender. Lender will be lia- ble for and will promptly pay to FmHA or its successor agency under Public Law 103–354 any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which if such Lender had held the xxxxxx- xxxx portion of the loan, FmHA or its suc- cessor agency under Public Law 103–354 would not be required to make.