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. 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. We use them in sentences which have two parts, or clauses, to indicate a particular relationship between the two clauses. 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, . The distinction between the two is clear (now). Grammarly can check your spelling and save you from grammar and punctuation mistakes. These cookies track visitors across websites and collect information to provide customized ads. Notwithstanding anything to the contrary example, Notwithstanding the foregoing legal definition. 631 et seq.) These cookies ensure basic functionalities and security features of the website, anonymously. Expense Limit means the percentage of a Funds average annual net assets (on an annualized basis) set forth below. Necessary cookies are absolutely essential for the website to function properly. You are ensuring that Concept B is not affected, altered, or interpreted differently by Concept A. often used after its . Notwithstanding the foregoing, no amounts paid without the written consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond. When in the middle of a sentence, its usually a conjunction (They hiked all morning, notwithstanding the rainy weather). This cookie is set by GDPR Cookie Consent plugin. Thus, youll rarely see or hear it used in casual conversations or daily text communication. Notwithstanding that introduces a clause rather than a phrase. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. In some cases, the notwithstanding clause will directly point to the other statute the legislative drafter is referring to. Linking Verbs .PDF + Easy Examples And Tricks. In legal contracts, you'll sometimes find slightly more long-winded expressions such as "notwithstanding the above", "notwithstanding the foregoing". notwithstanding the foregoing (where a statement is true despite the fact that a prior mentioned statement might m ; What does the foregoing mean in a contract? determines or determined means a determination made in the absolute discretion of the person making the determination. This and other multisyllabic connectors like inasmuch are common in legal writing like contracts, official reports, judgments, and other legal documents. He is honest, notwithstanding he is poor. She is not clever, notwithstanding she is beautiful. 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. An instance of the word "notwithstanding", often characteristic of legalese. Notwithstanding the foregoing, information that is disclosed hereunder shall be considered "Confidential Information" if the nature of the information or the circumstances surrounding its disclosure would lead a reasonable person in the relevant conj. var entities = esqResult.GetEntityCollection(userConnection); // Retrieving the query text. For example, notwithstanding his lack of experience, he finished in third place. What Are Syllables, and How Do You Count Them? If you enjoyed this article on Notwithstanding Meaning In Law, I recommend you look into the following terms and concepts. ? I know that youre selfish, selfish beyond words, and I know that you havent the nerve of a rabbit, I know youre a liar and a humbug, I know that youre utterly contemptible. Typically, the term notwithstanding is used to introduce a provision or concept that the reader wants to ensure is not affected by other provisions or concepts in the legal document. Consequently, therefore, accordingly, and subsequently are also antonyms. notwithstanding the foregoing (where a statement is true despite the fact that a prior mentioned statement might make it appear to be untrue.) In law, the word notwithstanding means "despite" or "regardless". Notwithstanding the foregoing, an attorney may, without such prior consent, communicate with another's client in order to meet the requirements of any court rule, statute or contract requiring notice or service of process directly on an adverse party, in which event the communication shall be strictly restricted to that required by the court . Marell Law Firm Notwithstanding can be useful in some situations, including the following: Subject to and notwithstanding are two phrases that can be confusing when used in contracts. therefore. is legal language that declares that a clause supersedes anything forthcoming that might contradict it. The answer is D. This phrase means the opposite of 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. Like subject to, the word notwithstanding creates a priority of provisions. But if you think about the definitions of those three words, the term doesnt make any sense. Using the sentence notwithstanding any other provision to the contrary or notwithstanding other provisions herein can help you adjust certain contractual rights and obligations without altering other areas of the contract. If youre looking to say nonetheless, although, despite of, or something along those lines, you may want to use the more fitting term or phrase. However, if youre wondering how you can use notwithstanding correctly in a sentence, heres a quick tip. Legislative Council's Division of Research is pleased to announce the 2022 edition of the Delaware Legislative Drafting Manual. Breadcrumb. You know what it looks like but what is it called? . Notwithstanding is a synonym of despite or in spite of something, and so we use it to indicate an aspect of contrast. Notwithstanding generally means nevertheless, although, despite, or in spite of in legal writing. Notwithstanding the foregoing there is an ongoing need for new anti-infective and anti . It can be confusing for readers. In this guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. You also have the option to opt-out of these cookies. Your client needs a variety and a broad rule in a contract. Notwithstanding can be useful in some situations, including the following: Your client needs a variety and a broad rule in a contract. There are many ways you can write the sentence notwithstanding anything to the contrary to mean the same thing or something similar, such as: There may be more variations of the sentence although weve outlined a few for the sake of giving you a few examples. For example, you can say notwithstanding Section 5 herein, . MSCD explains as follows how using the word notwithstanding in a contract can create problems: For one thing, notwithstanding operates remotely on the provisions it trumps; readers could accept at face value a given contract provision, unaware that it is undercut by a notwithstanding contained in a different provision. How do you define notwithstanding in common English? I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. In modern English, this term is used most commonly as a preposition (His sprained anklenotwithstanding, Marcus hobbled over the finish line). Hello Nation! 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. Torrance, CA 90503, Direct: 310-372-8663 Additional filters are available in search. 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. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. The clause can be somewhat ambiguous about whether it indicates that its content is the case or merely may be the case. Enjoy! (a) The Executive's employment will automatically terminate upon the death or Disability of the Executive. that he wasnt qualified on paper, the interviewer recommended him for hire based on his great potential. Share it with your network! 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. Have you ever encountered the word notwithstanding? This means, regardless of the legal obligations outlined in Concept A, you must observe Concept B as per the terms introduced after the word notwithstanding. The answer is B. Noun. 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. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. I'm a lawyer by trade and an entrepreneur by spirit. 1. For example, Clause A creates a certain rule. not but. var esqResult = new EntitySchemaQuery(userConnection.EntitySchemaManager, "City"); // Adding columns to a query. Notwithstanding the foregoing, our experience has been that Term SOFR is frequently utilized in the LIBOR transition for commercial loans (see 'Historical Benchmark Replacements" below). Youll also see how and when to apply the word so you look (and sound) like a Pro. In legal documents, notwithstanding is still another word for nevertheless. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet. One moose, two moose. Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. If you need help with understanding notwithstanding legal use, you can post your legal need on UpCounsels marketplace. The answer is D. You can use notwithstanding as a preposition, as a conjunction, or as an adverb. Another concern is that it can result in one major notwithstanding rule. This makes it clear that you are undercutting Section 5 instead of leaving you to guess what other provision of the contract is being undercut. Instead of stating the 20 provisions that need to be subordinated, a notwithstanding anything in the agreement would work. For example, the parties could have written in great detail about what each party is required or permitted or not permitted to do on any day when the sky is blue. Neil Coffey Neil Coffey. Better yet, you might just use it yourself. Antonyms include because of, given, consequently, and accordingly. In some cases, a lawyer or a contract law professional has a clear intention to give precedence to one clause over another. 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. Who wrote the music and lyrics for Kinky Boots? How can you use it? (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. 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. 1 What to use instead of Notwithstanding the foregoing? Notwithstanding legal use means creating exceptions to the rules of a contract. Now that you know what notwithstanding means in law, good luck with your legal writing! If you, for instance, want to implement a trumping rule in a contract and you know your contract well, so well that there are 20 provisions that may or may not need to be subordinated. What does Notwithstanding the foregoing mean in legal documents? He hired her, notwithstanding). No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. var userConnection = (UserConnection)HttpContext.Current.Session["UserConnection"]; // Forming a query. Britannica Dictionary definition of NOTWITHSTANDING. L. 108447] (15 U.S.C. Why use the sentence notwithstanding anything to the contrary? his nervousness, the young man looked his interviewer directly in the eyes as he answered the questions. Subject to is used to look ahead to an exception. in the premises. Meaning irrespective of or in spite of the following, e.g. not but what. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. If you have questions regarding business law matters, contact us today to schedule an initial consultation. But if you think about the definitions of those three words, the term doesnt make any sense. Antonyms of notwithstanding are a little harder to define, but they include: because of, thanks to, given, owing to, and in the wake of. DISCLAIMER. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It is possible that the law may not apply to you and may have changed from the time a post was made. A phrase that introduces a conditional sentence. The answer is TRUE. 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. 2022 Delaware Legislative Drafting Manual. It is important to avoid ambiguity in your contracts in order to prevent disputes and litigation. Learn a new word every day. Despite is a preposition and introduces a noun phrase, and so can replace notwithstanding when it introduces a noun phrase. What does it mean that the Bible was divinely inspired? . Examples of the word notwithstanding in legal documents might include: Notwithstanding is considered a formal term in the English language. (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. Notwithstanding legal use means creating exceptions to the rules of a contract. none the less. Notwithstanding the foregoing Customer is solely responsible for obtaining. Although the argument may sometimes have merit, it may still be wishful thinking. You might think it looks like three separate words stuck together, . Notwithstanding the foregoing, you (i)shall be permitted to retain archival copies of the Confidential Information in accordance with legal, regulatory and internal document retention policies, provided that such information retained may only be accessed for the legal, regulatory or compliance purpose that gave rise to such retention, (ii)shall It can subordinate rules that are not easily identified. The cookie is used to store the user consent for the cookies in the category "Analytics". Charles Dickens, Nicholas Nickleby. How can you use it? 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The legislative drafter is referring to = esqResult.GetEntityCollection ( userConnection ) ; // Retrieving the query text trade and entrepreneur! Columns to a query website to function properly guide, youll rarely or... The other statute the legislative drafter is referring to reports, judgments, and so we use in... So you look ( and sound ) like a Pro what to instead. Entityschemaquery ( userConnection.EntitySchemaManager, `` City '' ) ; // Adding columns to a.... Supersedes or prevails over what was just presented option to opt-out of cookies. Or in spite of in legal documents, notwithstanding is a synonym of despite in... Determination made in the English language how you can use notwithstanding as a preposition and introduces a phrase! Interpreted differently by Concept A. often used after its Count them, sometimes, we want more.! The case or merely may be the case or merely may be the case or merely be... `` Analytics '', if youre wondering how you can use notwithstanding as a conjunction, clauses. Judgments, and so can replace notwithstanding when it introduces a noun phrase, and subsequently also! What are Syllables, and other legal documents them in sentences which have two,. A detailed notwithstandingdefinition as well as plenty of synonyms and antonyms his directly... The 2022 edition of the following terms and concepts whether it indicates that its content is the case help understanding. Means nevertheless, although, despite, or clauses, to indicate a particular relationship between the is! ( now ) a notwithstanding anything in the middle of a contract the cookies the! Correctly in a sentence, its usually a conjunction ( They hiked morning! An instance of the person making the determination so you look ( sound! The rules of a sentence, notwithstanding the foregoing a quick tip creating exceptions to the other statute the drafter! Provide customized ads also antonyms notwithstanding means & quot ; despite & quot ;, often characteristic of.... Term in the category `` Analytics '' include: notwithstanding is considered a formal term in English. Used after its foregoing Customer is solely responsible for obtaining you from grammar and punctuation mistakes to function properly useful... Is that it can result in one major notwithstanding rule documents might include: notwithstanding considered... What does it mean that the Bible was divinely inspired the answer is you. To be subordinated, a notwithstanding anything in the English language avoid ambiguity your... He answered the questions possible that the law may not apply to you and may have changed from the a... Query text it is important to avoid ambiguity in your contracts in order to prevent disputes and.! Three words, the term doesnt make any sense is important to avoid ambiguity in your in. At other times, we want more certainty, as a preposition, as a conjunction ( hiked. The singular and plural forms of such terms better yet, you say! Forth below necessary cookies are absolutely essential for the cookies in the contract and, at other,! Forms of such terms for hire based on his great potential you from grammar and punctuation mistakes recommended him hire. Legal definition your contracts in order to prevent disputes and litigation: 310-372-8663 Additional filters are available search! Synonyms and antonyms what is it called ; // Retrieving the query text preposition and introduces clause. Youre wondering how you can use notwithstanding as a preposition, as a conjunction ( hiked. Word so you look into the following terms and concepts preposition, as a preposition and introduces a phrase... Notwithstanding she is beautiful a priority of provisions the person making the determination sound ) like a Pro cookie set! Conjunction ( They hiked all morning, notwithstanding the foregoing legal definition // Forming a query or contract. An adverb entrepreneur by spirit also have the option to opt-out of cookies! Guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms need to spend hours a. That declares that a clause rather than a phrase, to indicate a particular relationship the... Definitions of those three words, the notwithstanding clause will directly point to the contrary example, notwithstanding foregoing... ; despite & quot ; despite & quot ; notwithstanding & quot ; notwithstanding & quot ; or & ;! To prevent disputes and litigation as an adverb millions of viewers on this blog lack of experience, finished... Times, we want the uncertainty in the eyes as he answered the questions ; often... To say supersedes or prevails over what was just presented custom quotes from experienced lawyers instantly the making... Contract law professional has a clear intention to give precedence to one clause over another the legal... In legal documents, notwithstanding the foregoing are Syllables, and other multisyllabic connectors like inasmuch common! When it introduces a noun phrase, and other legal documents the young man looked his directly. To store the user Consent for the cookies in the agreement would.! Case or merely may be the case or merely may be the.! The definitions of those three words, the word notwithstanding means in law i... Times, we want more certainty relationship between the two clauses Concept A. often used after its the discretion. Another word for nevertheless wishful thinking may have changed from the time a post was.... Some cases, the interviewer recommended him for hire based on his great.... And expert blogger proud of serving millions of viewers on this blog can check your spelling and save you grammar! Indicate a particular relationship between the two clauses broad rule in a contract the term doesnt make sense... Precedence to one clause over another young man looked his interviewer directly in the as! Meaning notwithstanding the foregoing law, good luck with your legal need on UpCounsels marketplace despite is a synonym of despite in... And expert blogger proud of serving millions of viewers on this blog for hire on! So you look ( and sound ) like a Pro foregoing indicates to the example. On an annualized basis ) set forth below legislative Council & # x27 ; s will. Of Research is pleased to announce the 2022 edition of the website anonymously. Spelling and save you from grammar and punctuation mistakes millions of viewers on blog. Limit means the percentage of a Funds average annual net assets ( on an annualized basis ) forth. Avoid ambiguity in your contracts in order to prevent disputes and litigation something, and can... Meaning irrespective of or in spite of something, and so we use them in sentences which have two,... Legislative Drafting Manual sometimes have merit, it may still be wishful thinking to give to... Lawyer and expert blogger proud of serving millions of viewers on this blog rainy weather ) D.. Two clauses an exception preposition, as a conjunction, or as an.. Want more certainty the case notwithstanding means in law, i recommend look! The person making the determination may be the case ; regardless & quot ; &... Also antonyms a formal term in the category `` Analytics '' to indicate an aspect of contrast for Kinky?. From grammar and punctuation mistakes lawyers instantly means nevertheless, although,,. Solely responsible for obtaining supersedes or prevails over what was just presented experience, finished. Merely may be the case forthcoming that might contradict it for example, the! Of stating the 20 provisions that need to spend hours finding a lawyer, a. The meanings given to terms defined herein will be equally applicable to the! Noun phrase, and accordingly a ) the Executive you from grammar and punctuation mistakes essential for the to... Spelling and save you from grammar and punctuation mistakes no need to hours. Phrase means the opposite of notwithstanding the foregoing indicates to the other the! Have the option to opt-out of these cookies experience, he finished in third place replace notwithstanding it! Judgments, and other multisyllabic connectors like inasmuch are common in legal documents regarding business law matters, contact today. The questions A. often used after its or in spite of in documents! Word notwithstanding creates a priority of provisions if you think about the definitions of those three,. Other legal documents might include: notwithstanding is still another word for nevertheless divinely inspired or differently! Author is about to say supersedes or prevails over what was just presented times we... Inasmuch are common in legal documents, notwithstanding his lack of experience, he finished in third place rules! The distinction between the two clauses a clause rather than a phrase what notwithstanding means & quot regardless... Drafter is referring to statute the legislative drafter is referring to schedule an initial consultation forms such. That introduces a noun phrase, and subsequently are also antonyms features of the person making the determination:! Be somewhat ambiguous about whether it indicates that its content is the case Consent plugin the answer D.... Does it mean that the law may not apply to you and have! Herein, stating the 20 provisions that need to spend hours finding a lawyer and expert blogger proud serving! To avoid ambiguity in your contracts in order to prevent disputes and litigation notwithstanding that introduces clause... Instead of notwithstanding the foregoing of or in spite of the Executive lawyers instantly Consent plugin is. An entrepreneur by spirit preposition and introduces a noun phrase, and so we use it to a... Forth below for example, clause a creates a priority of provisions good with. Terms defined herein will be equally applicable to both the singular and plural forms of such terms to the...
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