. Consider not using notwithstanding. This and other multisyllabic connectors like inasmuch are common in legal writing like contracts, official reports, judgments, and other legal documents. . 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). (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. var entities = esqResult.GetEntityCollection(userConnection); // Retrieving the query text. Better yet, you might just use it yourself. The Award shall also be eligible for accelerated vesting as provided in Section 10 of the Plan. Of course, you should always be mindful of interpretation issues that you may be creating when you use the word notwithstanding broadly. Lets look at a few examples of how the word notwithstanding is actually used in contracts. your text, so your work is extra polished wherever you write. Transfer Provisions means the provisions of Section 00-00-000 of the FILOT Act, as amended or supplemented from time to time, concerning, among other things, the necessity of obtaining County consent to certain transfers. Notwithstanding that a liberal arts degree was unlikely to get him a really high-paying job, Tom decided studying a subject he was passionate about was more important than money. Definition of withstand transitive verb. It is often confused with subject to which elevates the text. In some other instances, the use of notwithstanding anything to the contrary is to close a deal and avoid altering other sections of the contract that has already been negotiated and agreed upon. the man suspected of being the serial killer is little known to his neighbors. Change in the Control means any change in any person(s) who directly exercise effective control over the Grantee. He went notwithstanding he was ordered not to. pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. He hired her, notwithstanding). just the same. Notwithstanding the foregoing means in spite of what was just said or written. A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. in the premises. Linking Verbs .PDF + Easy Examples And Tricks. We will look at notwithstanding meaning in law, look at variations of the sentence notwithstanding anything to the contrary, assess its legal impact, legal challenges, examples and more. Notwithstanding any provision of the Agreement, Award means a grant of Restricted Stock Units subject to the Plan rules. Notwithstanding the foregoing. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Party within thirty (30) days after disclosure. 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. formal. Marell Law Firm 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). "Notwithstanding the foregoing" means in spite of what was just said or written. Ideally, it would not contain any ambiguity and is not difficult to read. In another clause, you can say that notwithstanding anything to the contrary, the client will be responsible to pay a termination fee of $100. the foregoing provisions of this chapter shall have the period of five years within which to provide at least one college, as described in the fourth section of said act, . Passive Voice: When to Avoid It and When to Use It. 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. Grammarly stands with our friends, colleagues, and family in Ukraine, and with all people of Ukraine. Since notwithstanding means regardless of, the opposite is because of.. 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. Notwithstanding is also coupled with foregoing. I'm a lawyer by trade and an entrepreneur by spirit. 28 A clause paramount is a clause commonly contained in a bill of lading for the purpose of incorporating particular legislative provisions (such as the UK Carriage of Goods by Sea Act Why use the sentence notwithstanding anything to the contrary? Curious to know how I can help your business be more profitable? Pam is an expert grammarian with years of experience teaching English, Writing and ESL Grammar courses at the university level. foregoing. 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. These cookies track visitors across websites and collect information to provide customized ads. Notwithstanding legal use means creating exceptions to the rules of a contract. 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 foregoing adjective [ before noun ] uk / f.. / us / fr.o. / involving what has just been mentioned or described: The foregoing account was written 50 years after the incident. To avoid creating undesired interpretation issues to your detriment, it may be worth stating clearly what other provision of the contract you may want to trump using the notwithstanding anything to the contrary sentence. return s; Permitted Transfer means the conveyance, sale, lease, transfer or disposition by Borrower or any Subsidiary of: This SECURITY [AND ANY SHARES ISSUED UPON EXERCISE OF THIS SECURITY] HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS THE APPLICABLE SECURITY HAS BEEN REGISTERED UNDER THE ACT AND SUCH LAWS OR (1) REGISTRATION UNDER SUCH LAWS IS NOT REQUIRED AND (2) AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY IS FURNISHED UPON REQUEST BY THE COMPANY TO THE EFFECT THAT REGISTRATION UNDER THE ACT AND THE APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED.". Almost got it! Issue Date Meaning (Definition And Examples), Express Contract Overview (Definition and Examples), What Is A Special Purpose Entity (All You Need To Know), All Rights Reserved (Meaning: All You Need To Know), Notwithstanding any other provision of law, Notwithstanding any other provision herein, Anything to the contrary herein notwithstanding. Meaning irrespective of or in spite of the following, e.g. Thus, youll rarely see or hear it used in casual conversations or daily text communication. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet. The College reserves the sole right to add, change or amend any vendor or activity listed on Addendum "x". There is no doubt that you may have come across the word notwithstanding in a contract or legal document. The misunderstandings can cause breach of contract between parties. She is not clever, notwithstanding she is beautiful. Enjoy! By the time we are done, you will be able to use this sentence in the next contract youll negotiate! This cookie is set by GDPR Cookie Consent plugin. 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). Although the argument may sometimes have merit, it may still be wishful thinking. The substitute word or phrase will depend on whether youre using notwithstanding as a conjunction, an adverb, or a preposition. However, from a practical point of view, businesses need to find a way to close their deals and move on. The notwithstanding sentence can also be used to remotely operate a change in how rights and obligations in a contract are ranked. Although "notwithstanding" is still a reasonably well-known word in modern Canadian English - thanks perhaps in part to numerous media mentions of the Charter's "notwithstanding clause" - "despite", "even if" and the others are more current. not but what. Many people are not aware that any provisions following the word notwithstanding are exceptions. 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. You might think it looks like three separate words stuck together, . Independent and Dependent Clauses: Rules and Examples. What is the difference between notwithstanding and foregoing? esqResult.AddColumn("Name"); // Executing a database query and retrieving the entire resulting object collection. What happened to him was in no way his fault, Although there are some who oppose the plan, we will go through with it, you're rather late getting here, but you're welcome to join us for dinner. For example, a contract may say that the client may terminate the contract without any penalty. To save this word, you'll need to log in. What does notwithstanding anything to the contrary mean? The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Therefore, "Notwithstanding the foregoing" in the sentence is just a prepositional phrase that modifies the sentence. It is not intended to provide legal advice or opinions of any kind. "Notwithstanding the foregoing" means "in spite of the things previously mentioned or written." "Notwithstanding anything to the contrary" is legal language that declares that a clause supersedes anything forthcoming that might contradict it. It can be confusing for readers. One moose, two moose. Term. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. var s = esqResult.GetSelectQuery(userConnection).GetSqlText(); // Returning the result. The answer is D. This phrase means the opposite of notwithstanding. What does notwithstanding mean in a court order? Have you ever encountered the word notwithstanding? 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.
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