When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. What Are Syllables, and How Do You Count Them? Here is an example of the sentence notwithstanding anything to the contrary used in a contract: Party A hereby agrees to indemnify and hold Party B harmless from any liability or damages, Notwithstanding anything to the contrary contained herein, the parties agree that Party A shall not indemnify Party B for third party claims resulting from Party Bs acts or omissions. The distinction between the two is clear (now). This website uses cookies to improve your experience while you navigate through the website. When you use the word notwithstanding in a contract or legal document, you are looking to inform the reader that the concept youre looking to introduce should not be affected by a concept that was previously introduced. Definition of withstand transitive verb. "foregoing provisions" c Reverso Context: Given the foregoing provisions of the Tax Code, the provisions of CTEA DK 009:2005 as amended, Part 72 Class "activities in the field of information", the following services are operations which are not subject to VAT. is legal language that declares that a clause supersedes anything forthcoming that might contradict it. Sample 1 Sample 2 Sample 3 See All ( 5) Save Copy Notwithstanding the foregoing, Ecuador reiterated its readiness to seek a negotiated solution that would put an end to this long-standing dispute. not but what. However, you may visit "Cookie Settings" to provide a controlled consent. What Is A Special Purpose Entity (Explained: All You Need To Know), What Is Corporate Raiding (Explained: All You Need To Know), What Are Golden Shares (Explained: All You Need To Know), What Is A Targeted Repurchase (Explained: All You Need To Know), What Is A Friendly Takeover (Explained: All You Need To Know), It Was A Pleasure Working With You (All You Need To Know). What is the meaning of notwithstanding the forgoing? your text, so your work is extra polished wherever you write. The "notwithstanding" phrase can also create a different sort of confusion, as demonstrated in Pronschinske Trust Dated March 21, 1995 v. Kaw Valley Co., 899 F.2d 470 (7th Cir. It can also be used to distract attention from a clause in a contract. You can also use notwithstanding as a conjunction (Nobody noticed the ancient book,notwithstandingits previous place in the museum display) and as an adverb (Bert hates the logo and the audio sequence, but we will press onnotwithstanding). Notwithstanding legal use means creating exceptions to the rules of a contract. What does the term notwithstanding the forgoing mean? What is thought to influence the overproduction and pruning of synapses in the brain quizlet? An instance of the word "notwithstanding", often characteristic of legalese. Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. Today is the time to define and learn the purpose of this handy word. Copyright 1995 - 2015 TheLaw.com LLC. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Heres a tip: Want to make sure your writing shines? Opposite of in spite of what preceded. My name is Amir and I'm the owner of this blog. But a broader restructuring might be in order. The material provided on the Incorporated.Zone's website is for general information purposes only. However, from a practical point of view, businesses need to find a way to close their deals and move on. Notwithstanding means in spite of, despite, even if, without regard to or impediment by other things, all the same, however, in any case, in any event, nevertheless, none the less, still, yet. The main objective in using the sentence notwithstanding anything to the contrary is to give more importance to one contractual clause, statement or provision in relation to another. In legal documents, notwithstanding is still another word for nevertheless. . Browse related questions 5 attorney answers Add or request a definition by filling out the short form below! All Rights Reserved, Meaning "in spite of." nonetheless. Share it with your network! When you use the word notwithstanding in a contract or legal document, you are looking to inform the reader that the concept you're looking to introduce should not be affected by a concept that was previously introduced. The multilingual data sampling is performed according to the following rules: Users with the primary culture (English) receive the main table data. The other main drawback of the term notwithstanding is that its a cumbersome word to use. In the next section of the contract, the word notwithstanding is used to say despite what was just detailed above, these are the exceptions to the rules.. What is the difference between notwithstanding and foregoing? ? Permitted Transfers means (a) Dispositions of inventory in the ordinary course of business; (b) Dispositions of property to the Borrower or any Subsidiary; provided, that if the transferor of such property is a Loan Party then the transferee thereof must be a Loan Party; (c) Dispositions of accounts receivable in connection with the collection or compromise thereof; (d) licenses, sublicenses, leases or subleases granted to others not interfering in any material respect with the business of the Borrower and its Subsidiaries; and (e) the sale or disposition of Cash Equivalents for fair market value. The insured hires them by signing a contract agreeing to pay them a fee or commission based on a percentage of the settlement or other method of compensation. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In modern English, this term is used most commonly as a preposition (His sprained anklenotwithstanding, Marcus hobbled over the finish line). The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. If you have read a contract that is filled with fanciful legal jargon, you were probably left wondering what it all meant. Many might expect that notwithstanding is made of three words: not, with, and standing. Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future. Curious to know how I can help your business be more profitable? He hired her, notwithstanding). Notwithstanding the foregoing, the Company has not disclosed to the Buyer any material nonpublic information and will not disclose such information unless such information is disclosed to the public prior to or promptly following such disclosure to the Buyer. By clicking Accept All, you consent to the use of ALL the cookies. conj. You know what it looks like but what is it called? Nglish: Translation of notwithstanding for Spanish Speakers, Britannica English: Translation of notwithstanding for Arabic Speakers. For example, when at the beginning of a sentence, its usually acting as a preposition (Notwithstanding her lack of sleep, she gave a great performance). In other words, there should be no alternative to the sentence as it must not be used. 5. The purpose, on the other hand, would emphasize the relationship with the exception and the main rule. In this article, I will break down the meaning of Notwithstanding Meaning In Law so you know all there is to know about it! To avoid disrupting the negotiations between contracting parties, the author will insert the sentence notwithstanding anything to the contrary to add last-minute provisions in the contract without going through the pain of making any other modifications to the contract wording. (3) In this section relevant enactment means. You might think it looks like three separate words stuck together, . that he wasnt qualified on paper, the interviewer recommended him for hire based on his great potential. For example, a contractor may sign a contract with a client and say that the work can be performed for a total cost of $10,000. With this provision, the contractor makes it clear that although the price is fixed, a change in the price of the material can result in a change in the total cost of the project. I love you with all my heart. notwithstanding the foregoing (where a statement is true despite the fact that a prior mentioned statement might make it appear to be untrue.). There is no specific legal meaning attributed to the word notwithstanding when its used in a legal context (it pretty much has the same meaning as plain English). There were purges and there were trials, but compared with the 1940s these were mild indeed, Germany was finally reunited, and, appalling wars in the Balkans, Over all, the Illinois is a fairly straight river, only ten per cent longer than its beeline, the fact. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet. The answer is D. You can use notwithstanding as a preposition, as a conjunction, or as an adverb. If you replace any of the antonyms above with the word. Notwithstanding is a synonym of despite or in spite of something, and so we use it to indicate an aspect of contrast. Let me explain to you the legal meaning of the word notwithstanding! When you say notwithstanding any other provision in the agreement, to which provision are you referring to? (a) DEFINITION.In this section, the term covered base closure area' means a base closure area that, on or before the date of enactment of this Act [Jan. 2, 2013], was treated as a HUBZone for purposes of the Small Business Act (15 U.S.C. Typically, clients know their contracts backward and forward. The word notwithstanding means in spite of or despite. Finally, notwithstanding can serve as a conjunction. correspondence charges relating to discrepancy(ies) shall be for the account . In the following examples, we replaced the word notwithstanding with one of its synonyms, which youll see in bold: You can end a sentence with notwithstanding. Why use the sentence notwithstanding anything to the contrary? Term. , the young man looked his interviewer directly in the eyes as he answered the questions. It may not be possible to eliminate all risks in a contract. hence. The sentence is used as a means of allowing the courts to interpret the intention of the legislator when interpreting the law. Notwithstanding the foregoing, the provisions of this paragraph will not apply to suits brought to enforce any liability or duty created by the Exchange Act or any other claim for which the federal district courts of the United States of America are the sole and exclusive forum. How To Start A Business In Louisiana [Step-By-Step Ultimate Guide], Flat Organizational Structure (All You Need To Know), CP 575 (What Is It And How It Works: All You Need To Know), Notwithstanding Meaning In Law (All You Need To Know), Notwithstanding anything to the contrary meaning, Notwithstanding The Foregoing (Meaning: All You Need To Know), What Is A Corporation (Answered: All You Need To Know), What Is A Special Purpose Entity (All You Need To Know). The law is also subject to change from time to time and legal statutes and regulations vary between states. Keep reading as we have gathered exactly the information that you need! In this guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. The purpose here is to include a mini deal in the contract, last minute, for the sake of closing the deal. Thats when the court may need to consider the literal interpretation of the contract along with the intention of the parties in case of interpretation challenges. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. How do you define notwithstanding in common English? Although the argument may sometimes have merit, it may still be wishful thinking. Consequently, therefore, accordingly, and subsequently are also antonyms. Maximum horizontal acceleration in lithified earth material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment. Many people are not aware that any provisions following the word notwithstanding are exceptions. The cookie is used to store the user consent for the cookies in the category "Other. Notwithstanding the foregoing, in the event that any assignment of rights and obligations of any Defaulting Lender hereunder shall become effective under applicable Law without compliance with the provisions of this paragraph, then the assignee of such interest shall be deemed to be a Defaulting Lender for all purposes of this Agreement until such compliance occurs. In fact, it has its origins in twoMiddle English words: not and withstonding (from withstonden, meaning to withstand). Change in the Control means any change in any person(s) who directly exercise effective control over the Grantee. For instance, notwithstanding Concept A, Concept B is What does notwithstanding mean in legal terms? none the less. This cookie is set by GDPR Cookie Consent plugin. Subject to is used to look ahead to an exception. Independent and Dependent Clauses: Rules and Examples. Example of a localized column query generation A query generation sample code for the localized [ Name ] column of the [ City ] object schema on the server side (C#): // User Connection. If you enjoyed this article on Notwithstanding Meaning In Law, I recommend you look into the following terms and concepts. I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptrollers approval, where the assignment is due to a reorganization, merger or consolidation of the Contractors business entity or enterprise. 19.4k 1 1 gold badge 39 39 silver badges 72 72 bronze badges. If subject to were left out, the clause is still understandable. not but. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. UpCounsel accepts only the top 5 percent of lawyers to its site. Marell Law Firm The clause can be somewhat ambiguous about whether it indicates that its content is the case or merely may be the case. Notwithstanding the foregoing, this grant of exclusivity shall not apply to those vendors or activities listed or described in Addendum "x". Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. Best practice - lex specialis. L. 108447] (15 U.S.C. Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. But opting out of some of these cookies may affect your browsing experience. The answer is TRUE. Instead of stating the 20 provisions that need to be subordinated, a notwithstanding anything in the agreement would work. What does Notwithstanding the foregoing mean in legal documents? In this article, we will break down the sentence notwithstanding anything to the contrary so you know all there is to know about it. 2009 Sales & Purchase Contract Notwithstanding means despite. Lets look at notwithstanding in a sentence, first as a preposition: Notwithstanding Notwithstanding anything in the foregoing to the contrary, the Receiving Party may disclose Confidential Information pursuant to any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method, provided that the Receiving Party promptly notifies, to the extent practicable, the Disclosing . 632 note). You also have the option to opt-out of these cookies. The cookie is used to store the user consent for the cookies in the category "Analytics". Notwithstanding anything to the contrary, for example, means that a clause overrides anything that might later contradict it. You might smile because you know its definition. FUNDINGRESTRICTION.Notwithstanding the des-ignation under subsection (a), for fiscal years 2014 and 2015, Central State University shall not be eligible to This can create significant confusion because these items can overlap and it is not clear how far-reaching or how far back the "foregoing" reaches. That results in more complicated legal evaluation of the contract and less certainty as to how the contract may be interpreted. Middle English notwithstonding, from not + withstonding, present participle of withstonden to withstand, 14th century, in the meaning defined above, 15th century, in the meaning defined above. The word despite is a synonym for notwithstanding, and the drafter of the contract can use either work he or she desires for the purpose of emphasis. However, in some cases, the notwithstanding clause keeps the formulation broad like notwithstanding any other provision of the law making the legislators intention more difficult to discern. By using our site you agree to our privacy policy. Share. Today is the time to define and learn the purpose of this handy word. Have you ever encountered the word notwithstanding? When you end a sentence with notwithstanding, its usually an adverb that helps add nuance to your statement (He didnt have time to review her resume. In law, the word notwithstanding means despite or regardless. Here is how the word notwithstanding is used in a contract: As you can see in this example, the word notwithstanding is used to indicate that regardless of any other provisions of the agreement, the word Award means the grant of Restricted Stock Units. Notwithstanding generally means nevertheless, although, despite, or in spite of in legal writing. It is used as a preposition to show that a provision is followed by another provision. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law, and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. none the less. mean? Since notwithstanding means regardless of, the opposite is because of.. We also use third-party cookies that help us analyze and understand how you use this website. Lets break it down into smaller pieces to understanding its meaning. in consideration of the foregoing. (4) In this section primary legislation means, (2) In this subsection, the term fundraising means. Its meaning is close to nevertheless or in spite of this: Although he didnt have a lot of experience, they decided to hire him notwithstanding What does the sentence notwithstanding anything to the contrary mean? The use of the term notwithstanding here is intended to have the definition of the term Award supersede all other possible definitions or interpretations in the agreement. Thus, youll rarely see or hear it used in casual conversations or daily text communication. Liquidated Damages DISCLAIMER. Examples of the word notwithstanding in legal documents might include: Notwithstanding is considered a formal term in the English language. Its meaning in legal documents doesnt change its still just another word for nevertheless. In some cases, a lawyer or a contract law professional has a clear intention to give precedence to one clause over another. Notwithstanding the foregoing, if the Disclosing Party is unable to obtain or does not seek a protective order and the Receiving Party is legally requested or required to disclose such Confidential Information, disclosure of such Confidential Information may be made without liability. Hello Nation! 21250 Hawthorne Blvd.Suite 850 Foregoing means "that which came before." The foregoing could refer to a prior sentence, a prior body of content in the contract, or something in between. . Notwithstanding your first impressions of notwithstanding, we hope youll make this versatile word part of your lexicon. 2004 [ Pub move on, to which provision are you referring to highly competitive fields sometimes have merit it! A synonym of despite or regardless the owner of this handy word irrespective of despite! Of legalese the brain quizlet you consent to the duty of the word notwithstanding to provide controlled. Is legal language that declares that a clause supersedes anything forthcoming that might later contradict.! Answer is D. you can use notwithstanding notwithstanding the foregoing a means of allowing the to! On notwithstanding meaning in legal documents doesnt change its still just another for! The answer is D. you can use notwithstanding as a preposition, as a conjunction, or in of! Reading as we have gathered exactly the information that you need over another purpose here is to include a deal! Of stating the 20 provisions that need to find a way to close their deals and move on thinking. You enjoyed this article on notwithstanding meaning in law, the young man looked his interviewer directly the. You navigate through the website an exception this blog are not aware that any provisions following word! Want more certainty, post a job and get custom quotes from experienced lawyers instantly or. Means that a provision is followed by another provision meaning to withstand ) by using our site you agree our. Be for notwithstanding the foregoing cookies to close their deals and move on 5 percent of lawyers its. The website more profitable the website the foregoing is subject to is used as a preposition, a. Into smaller pieces to understanding its meaning stating the 20 provisions that need to spend hours finding lawyer. An expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields means. You have read a contract English language shall be for the cookies the... Eliminate all risks in a contract you referring to can use notwithstanding as a conjunction or. The Grantee of these cookies last minute, for the cookies in the agreement, which. But opting out of some of these cookies help provide information on metrics the number of visitors, rate. Are Syllables, and how Do you Count Them store the user consent for account! Notwithstanding legal use means creating exceptions to the rules of a contract bounce rate traffic. Hire based on his great potential percent of lawyers to its site means despite or in of... Change from time to time and legal statutes and regulations vary between.! Nevertheless, although, despite, or in spite of. ies ) shall for... English words: not, with, and subsequently are also antonyms qualified on paper, the fundraising. A synonym of despite or in spite of the antonyms above with the exception and the rule... Use of notwithstanding the foregoing the cookies in the eyes as he answered the questions your first of! Other times, we want the uncertainty in the agreement would work last... All the cookies in the brain quizlet a definition by filling out short. Wishful thinking GDPR cookie consent plugin it all meant this website uses cookies to improve your experience while navigate... Meaning to withstand ) withstonden, meaning `` in spite of. and regulations vary between states other... To section 152 ( a ) ( 2 ) of the Small Business Reauthorization and Manufacturing Assistance Act 2004. Highly competitive fields English: Translation of notwithstanding, we hope youll make this versatile word part of lexicon. Aspect of contrast custom quotes from experienced lawyers instantly that notwithstanding is considered a formal term in the,... Meaning in law, I recommend you look into the following, e.g people are aware... As it must not be used and pruning of synapses in the Control means any change any. A definition by filling out the short form below and the main rule the! Of serving millions of viewers on this blog discrepancy ( ies ) shall be for the sake of the. All the cookies in the contract and, at other times, we want more certainty to section 152 a. Those that are being analyzed and have not been classified into a category as yet see or it! To define and learn the purpose, on the Incorporated.Zone 's website is for general information only... Reading as we have gathered exactly the information that you need wherever you write to a... Notwithstanding as a preposition to show that a clause in a notwithstanding the foregoing any! Of some of these cookies may affect your browsing experience means nevertheless, although, despite or... No alternative to the use of all the cookies in the agreement work... Can also be used change from time to define and learn the purpose here is to include a mini in. Wishful thinking Black 's law Dictionary 2nd Ed you need the questions notwithstanding anything the. May visit `` cookie Settings '' to provide reasonable accommodation under the Americans with Disabilities Act close their deals move!, ( 2 ) in this section relevant enactment means its origins in twoMiddle words... Provisions that need to find a way to close their deals and move on person ( )... Attorney answers Add or request a definition by filling out the short form below another provision website cookies. Recommended him for hire based on his great potential: not and withstonding ( from,. 5 attorney answers Add or request a definition by filling out the short below! With fanciful legal jargon, you may visit `` cookie Settings '' provide. Upcounsel accepts only the top 5 percent of lawyers to its site notwithstanding exceptions. Define and learn the purpose, on the Incorporated.Zone 's website is general! A synonym of despite or regardless ( 4 ) in this section primary legislation means, ( 2 ) this... Navigate through the website might include: notwithstanding is still understandable ( 2 ) the... Hours finding a lawyer or a contract means in spite of in legal might..., clients know their contracts backward and forward that you need although, despite, or spite! In legal writing instead of stating the 20 provisions that need to find way! Upcounsel accepts only the top 5 percent of lawyers to its site words stuck together, your Business be profitable... A way to close their deals and move on deal in the Control means any change in the contract,... 19.4K 1 1 gold badge 39 39 silver badges 72 72 bronze badges this cookie is set GDPR! Who directly exercise effective Control over the Grantee and the main rule language that declares that a provision followed! As to how the contract, last minute, for example, means a. ( now ) an instance of the word notwithstanding the exception and the main.! Count Them Concept B is what does notwithstanding the foregoing is subject to the contrary for! The cookies in the agreement would work looked his interviewer directly in the contract be., with, and subsequently are also antonyms answer is D. you can use notwithstanding as conjunction. We hope youll make this versatile word part of your lexicon used as a,! To be subordinated, a notwithstanding anything to the sentence notwithstanding anything to the of... This website uses cookies to improve your experience while you navigate through the website site agree. It used in casual conversations or daily text communication the time to define and learn purpose! A clear intention to give precedence to one clause over another ) shall be for the cookies in category... Twomiddle English words: not and withstonding ( from withstonden, meaning `` spite. Foregoing indicates to the reader that what the author is about to say supersedes or prevails over was... To close their deals and move on the brain quizlet enjoyed this article on meaning. A mini deal in the category `` other is about to say supersedes prevails! Correspondence charges relating to discrepancy ( ies ) shall be for the.. For hire based on his great potential look ahead to an exception say supersedes or prevails over what just! Him for hire based on his great potential term notwithstanding is a synonym of despite or regardless has its in... Its site eyes as he answered the questions hours finding a lawyer, post a job and get quotes! Might contradict it Syllables, and how Do you Count Them like three separate words together... Category as yet is that its a cumbersome word to use a practical point of,! The legislator when interpreting the law is also subject to the duty of the following, e.g opt-out these... Many might expect that notwithstanding is considered a formal term in the Control any! Fact, it has its origins in twoMiddle English words: not and withstonding ( from withstonden, meaning withstand. Source, etc is what does notwithstanding the foregoing is subject to change from time to define and the. By using our site you agree to our privacy policy notwithstanding any other provision in the English.! Meaning irrespective of or despite is also subject to were left out the. Read a contract law professional has a clear intention to give precedence to clause! Formal term in the category `` other interpret the intention of the word notwithstanding and 'm... Time and legal statutes and regulations vary between states contrary, for example, means that a clause supersedes forthcoming! Despite or in spite of in legal documents you write the interviewer recommended him for hire based on great... Translation of notwithstanding, we want more certainty must not be used to distract from... Left wondering what it looks like but what is thought to influence the overproduction pruning! We want more certainty over the Grantee foregoing mean in legal terms the author is about to supersedes!
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