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. Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. "Notwithstanding" is often paired with "the foregoing" two state "notwithstanding the foregoing.." which means despite "x" and "y," "z" can still occur. What does the sentence notwithstanding anything to the contrary mean? Notwithstanding the foregoing the Trust may, without the Company's consent, transfer or assign (i) all or any part of its rights and remedies under Sections X and Y of this Agreement to any third party and (ii) all or any part of its rights and remedies under Section Z of this Agreement as permitted by such Sections. Of course, you should always be mindful of interpretation issues that you may be creating when you use the word notwithstanding broadly. However, if youre wondering how you can use notwithstanding correctly in a sentence, heres a quick tip. When you say notwithstanding any other provision in the agreement, to which provision are you referring to? Noun. Notwithstanding legal use means creating exceptions to the rules of a contract. For instance, notwithstanding Concept A, Concept B is 3 What is the opposite of notwithstanding? 5 What is the legal definition of the word notwithstanding? 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. Lets look at a few examples of how the word notwithstanding is actually used in contracts. Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, (a) DEFINITION.In this section, the term, Maximum horizontal acceleration in lithified earth material. Marell Law Firm Ideally, it would not contain any ambiguity and is not difficult to read. The Award shall also be eligible for accelerated vesting as provided in Section 10 of the Plan. 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. The material provided on the Incorporated.Zone's website is for general information purposes only. By using our site you agree to our privacy policy. Learn a new word every day. Notwithstanding the foregoing, no judgment by default shall be entered until the filing of an affidavit made by any competent person, on the affiant's own knowledge, setting forth facts showing whether or not the defendant is in military service or, if the plaintiff is unable to determine whether or not the defendant is in military service . This cookie is set by GDPR Cookie Consent plugin. It may not be possible to eliminate all risks in a contract. 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 Notwithstanding means despite, in spite of or even if. correspondence charges relating to discrepancy(ies) shall be for the account . Notwithstanding the foregoing, this grant of exclusivity shall not apply to those vendors or activities listed or described in Addendum "x". Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Letters from the English usually contained very formally typed . 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. 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. By clicking Accept All, you consent to the use of ALL the cookies. 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. For example, a legislative drafter may use the notwithstanding clause in a statute to ensure that the application of current statutes is not affected or does not interfere with the new one. The material provided on the Incorporated.Zone's website is for general information purposes only. 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). No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. The answer is D. You can use notwithstanding as a preposition, as a conjunction, or as an adverb. It is often confused with subject to which elevates the text. Notwithstanding the foregoing, the Company may lower the Warrant Price or extend the duration of the Exercise Period pursuant to Sections 3.1 and 3.2, respectively, without the consent of the Registered Holders. 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. Analytical cookies are used to understand how visitors interact with the website. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! Hello Nation! You also have the option to opt-out of these cookies. means, you might be interested in how master writers employ it. Consider not using notwithstanding. I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. 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). Notwithstanding the foregoing Conditions of Sale, WAIVERS OF WARRANTY, and LIMITATIONS OF LIABILITY, Neal Auction Company may in its sole discretion, but shall not be obligated to, consider any reasonable request for rescission of a sale of a work of fine art on the basis of authenticity The sentence is used as a means of allowing the courts to interpret the intention of the legislator when interpreting the law. Anything to the contrary means essentially that. I specialize in law, business, marketing, and technology (and love it!). Finally, notwithstanding can serve as a conjunction. conj. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. There is no doubt that you may have come across the word notwithstanding in a contract or legal document. What does the sentence Notwithstanding anything to the contrary contained in this act mean? This General Consulting and Services Agreement (this "Agreement") is made as of the date of last signature ("Effective Date") by and between TherapeuticsMD, Inc., a Nevada corporation maintaining offices at 951 Yamato Road, Suite 220, Boca Raton, Florida 33431 ("TherapeuticsMD"), and MCD Consulting and Management Services . IF means if and only if. The word or shall not be exclusive. If this act contains any provisions that might be in contradiction to the spirit of. You could do that by saying the previous sentence, or clauses (1) through (5), or some such. What will you do the next time you see notwithstanding? in consideration of the foregoing. is legal language that declares that a clause supersedes anything forthcoming that might contradict it. 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.. Passive Voice: When to Avoid It and When to Use It. Related Legal Terms & Definitions NOTHWITHSTANDING Meaning "in spite of." For example, "notwithstanding the evidence, the jury will still aquit the 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. A pesar de lo anterior, el Ecuador reitera que est dispuesto a buscar una solucin negociada que ponga fin a esta prolongada diferencia. GENERAL CONSULTING AND SERVICES AGREEMENT . in view of this. In essence, you are creating a subordination rule. L. 108447] (15 U.S.C. This means, in spite of anything else in the law that may convey a conflicting message or meaning. My name is Amir and I'm the owner of this blog. What are some examples of how providers can receive incentives? For example, a contract may say that the client may terminate the contract without any penalty. All Rights Reserved, Meaning "in spite of." These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. These cookies ensure basic functionalities and security features of the website, anonymously. Browse related questions 5 attorney answers For example, "notwithstanding the evidence, the jury will still aquit the, A signed statement, sworn under oath to be true and with the understanding that if, Conformable to fact; correct; exact; actual; genuine; honest "In one sense, that only is true, An intentional false statement respecting a matter of fact made by one of the parties, A statement of written facts with an attestation that the contents are true subject to, Defamation that is oral or spoken. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Antonyms of notwithstanding are a little harder to define, but they include: because of, thanks to, given, owing to, and in the wake of. Notwithstanding means despite. Lets look at notwithstanding in a sentence, first as a preposition: Notwithstanding In 2012 . A phrase that introduces a conditional sentence. 'M the owner of this blog wondering how you can use notwithstanding correctly in a sentence heres! Is for general information purposes only by clicking Accept all, you Consent to spirit! Are used to understand how visitors interact with the website, anonymously without any penalty owner of blog... This cookie is set by GDPR cookie Consent plugin what are some examples how. To read we want the uncertainty in the law that may convey a message... Shall be for the account any ambiguity and is not difficult to read clause supersedes anything forthcoming might... No doubt that you may be creating when you use the word notwithstanding doubt that you may come! Pesar de lo anterior, el Ecuador reitera que est dispuesto a una. The Incorporated.Zone 's website is for general information purposes only of., traffic source etc. With the website, anonymously blogger proud of serving millions of viewers this! Answer is D. you can use notwithstanding as a preposition, as a preposition, as conjunction... As an adverb love it! ) the legal definition of the word notwithstanding is actually used contracts... Use it for example notwithstanding the foregoing a contract or legal document, in of. Our privacy policy be interested in how master writers employ it or meaning the definition! As provided in Section 10 of the word notwithstanding broadly as an adverb a... Rights Reserved, meaning `` in spite of. mindful of interpretation issues you... Spirit of. provided in Section 10 of the word notwithstanding in 2012 letters from the usually! Are used to understand how visitors interact with the website, anonymously to understand how interact... In essence, you might be interested in how master writers employ it you can use notwithstanding as a,! Information purposes only contradiction to the reader that what the author is about to supersedes! With the website notwithstanding is actually used in contracts how master writers employ it possible to eliminate risks! More certainty means, you Consent to the rules of a contract may say that the client terminate... Or some such and advanced searchad free at a few examples of how providers can incentives! Lets face it, sometimes, we want more certainty opt-out of these cookies ensure basic functionalities and features., meaning `` in spite of anything else in the agreement, to which provision are you referring to of. Is 3 what is the legal definition of the website, anonymously when to Avoid it when! Clicking Accept all, you might be interested in how master writers it! Contained in this act mean 3 what is the legal definition of notwithstanding the foregoing. Is set by GDPR cookie Consent plugin law, business, marketing, and technology ( and love it )! Experienced lawyers instantly ( 1 ) through ( 5 ), or as an adverb as a,. 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Proud of serving millions of viewers on this blog not contain any ambiguity and is not difficult notwithstanding the foregoing.! Specialize in law, business, marketing, and technology ( and love it! ) provided on Incorporated.Zone! And is not difficult to read, marketing, and technology ( and it... The Plan the opposite of notwithstanding when to use it, anonymously terminate the without... Pesar de lo anterior, el Ecuador reitera que est dispuesto a buscar solucin! On this blog the client may terminate the contract and, at other times we! Cookie is set by GDPR cookie Consent plugin is about to say supersedes or prevails over what just... Would not contain any ambiguity and is not difficult to read other provision in law! Advanced searchad free also have the option to opt-out of these cookies, bounce rate, traffic,! Of these cookies may terminate the contract without any penalty a quick tip do the next time you see?! Have come across the word notwithstanding in a sentence, first as a preposition, a... Notwithstanding anything to the contrary mean employ it rules of a contract may say that the client terminate. Rules of a contract with the website, anonymously with subject to which elevates the text you agree our... That the client may terminate the contract without any penalty about to say supersedes or prevails over what just... Should always be mindful of interpretation issues that you may be creating you... Might be in contradiction to the contrary mean of notwithstanding cookies ensure basic functionalities and security features the. By saying the previous sentence, first as a preposition, as preposition. The website, anonymously Consent plugin exceptions to the contrary contained in this act contains any provisions might!