The word "notwithstanding" means in spite of or despite. These cookies ensure basic functionalities and security features of the website, anonymously. notwithstanding 2 of 3 conjunction as in although in spite of the fact that the man suspected of being the serial killer is little known to his neighbors, notwithstanding he has lived in the apartment complex for years Synonyms & Similar Words although though while but albeit as if whereas whilst altho when howbeit much as notwithstanding 3 of 3 Users with additional culture receive the localization table data. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. In legal contracts, you'll sometimes find slightly more long-winded expressions such as "notwithstanding the above", "notwithstanding the foregoing". One moose, two moose. In contracts, when a lawyer uses the sentence notwithstanding anything to the contrary, the objective is to ensure that the referenced contractual provision supersedes any other provision of the contract on the same subject or potentially conflicting in essence. In legal documents, notwithstanding is still another word for nevertheless. Enjoy! An instance of the word "notwithstanding", often characteristic of legalese. Here are some examples of how you can use notwithstanding in a sentence: There are plenty of synonyms for notwithstanding in the thesaurus, and they include nevertheless, despite, regardless of, however, nonetheless, even so, whereas, albeit, and many more. Ideally, it would not contain any ambiguity and is not difficult to read. When do you use the word notwithstanding in a contract? Additional filters are available in search. 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. It is not for nothing that our language has its ifs and buts, its yets and howevers, its neverthelesses and notwithstandings , its possiblies and probablies and perhapses, and its on-the-other-hands. Another concern is that it can result in one major notwithstanding rule. 2022 Delaware Legislative Drafting Manual. 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. correspondence charges relating to discrepancy(ies) shall be for the account . is legal language that declares that a clause supersedes anything forthcoming that might contradict it. Share it with your network! 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? The word foregoing means what has come earlier. 2023. A pesar de lo anterior, el Ecuador reitera que est dispuesto a buscar una solucin negociada que ponga fin a esta prolongada diferencia. DISCLAIMER. pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. Restriction Termination Date means the first day after the Commencement of the Initial Public Offering on which the Company determines pursuant to Section 7.4 that it is no longer in the best interests of the Company to attempt to, or continue to, qualify as a REIT or that compliance with the restrictions and limitations on Beneficial Ownership, Constructive Ownership and Transfers of Shares set forth herein is no longer required in order for the Company to qualify as a REIT. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. Just like contractors use shims to make final adjustments to their work instead of ripping and replacing the other aspects, lawyers will use notwithstanding other provisions as a way to adjust the contract without ripping and replacing other provisions. "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. This website uses cookies to improve your experience while you navigate through the website. Foregoing means "that which came before." The foregoing could refer to a prior . Term. In this example, one clause imposes an indemnification obligation on Party A for the benefit of Party B while another clause outlines a carve-out to Party As obligation. 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 Now that you know what notwithstanding means in law, good luck with your legal writing! 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. Here are some examples of opposites of notwithstanding in a sentence: Some words are hard to grasp at first, but theyre genuinely useful when you get to know them. Want High Quality, Transparent, and Affordable Legal Services? He hired her, notwithstanding). conj. Lets break it down into smaller pieces to understanding its meaning. I specialize in law, business, marketing, and technology (and love it!). Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? It can also be used to distract attention from a clause in a contract. Which One of The Following Parties Has Ultimate Control of a Corporation? Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. Anything to the contrary means essentially that. Analytical cookies are used to understand how visitors interact with the website. 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 The distinction between the two is clear (now). If you need help with understanding notwithstanding legal use, you can post your legal need on UpCounsels marketplace. 3 What is the opposite of notwithstanding? No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the Incorporated.Zone's website or by communicating with Incorporated.Zone by way of e-mail or through our 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. determines or determined means a determination made in the absolute discretion of the person making the determination. 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. You can use notwithstanding in place of in spite of, nevertheless, regardless, and despite. Public adjuster means the insurance adjusters who do not work for any insurance company. My name is Amir and I'm the owner of this blog. 19.4k 1 1 gold badge 39 39 silver badges 72 72 bronze badges. If you have questions regarding business law matters, contact us today to schedule an initial consultation. 21250 Hawthorne Blvd.Suite 850 Then, if Clause B starts with Notwithstanding Clause A, it means that Clause B must be upheld regardless of the rule created in Clause A. If, notwithstanding the foregoing, any proceedings are commenced in another jurisdiction, such proceedings shall be referred to ordinary courts of law. It even proofreads your text, so your work is extra polished wherever you write. The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. Almost got it! Better yet, you might just use it yourself. Notwithstanding the foregoing, if any portion of this Note is converted as aforesaid, the Holder may not transfer this Note unless the Holder first physically surrenders this Note to the Borrower, whereupon the Borrower will forthwith issue and deliver upon the order of the Holder a new Note of like tenor, registered as the Holder (upon payment by the Holder of any applicable transfer taxes) may request, representing in the aggregate the remaining unpaid principal amount of this Note. var s = esqResult.GetSelectQuery(userConnection).GetSqlText(); // Returning the result. Copyright 1995 - 2015 TheLaw.com LLC. It is used as a preposition to show that a provision is followed by another provision. Many might expect that notwithstanding is made of three words: not, with, and standing. 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. Restricted Activity means directly or indirectly owning any interest in, managing, controlling, participating in, consulting with, rendering services for, or in any manner engaging in any business with any customer, supplier, competitor or other person having a business relation with the Company or any of its subsidiaries; provided however that the term "Restricted Activity" shall not include passive ownership of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of that corporation. 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. Notwithstanding the foregoing, if such provision could be more narrowly drawn so as not to be prohibited or unenforceable in such jurisdiction while, at the same time, maintaining the intent of the parties, it shall, as to such jurisdiction, be so narrowly drawn without invalidating the remaining provisions of this DPA or affecting the validity or enforceability of such provision in any other jurisdiction. Notwithstanding anything to the contrary, for example, means that a clause overrides anything that might later contradict it. The answer is B. What does the term notwithstanding the forgoing mean? Many people are not aware that any provisions following the word notwithstanding are exceptions. How do you define notwithstanding in common English? var entities = esqResult.GetEntityCollection(userConnection); // Retrieving the query text. 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 Liquidated Damages You might smile because you know its definition. Instead of stating the 20 provisions that need to be subordinated, a notwithstanding anything in the agreement would work. Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall include any and all amendments, supplements, addenda, and modifications to such agreement or document. By the time we are done, you will be able to use this sentence in the next contract youll negotiate! The fascinating story behind many people's favori Can you handle the (barometric) pressure? Notwithstanding anything to the contrary means despite what was previously indicated. Notwithstanding the foregoing there is an ongoing need for new anti-infective and anti . Notwithstanding the foregoing, all original material submitted by A as part of the work shall be the property of B whether or not B uses such material.----- A B . notwithstanding the foregoing (where a statement is true despite the fact that a prior mentioned statement might m. 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. The material provided on the Incorporated.Zone's website is for general information purposes only. Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Notwithstanding means despite, nevertheless, however, or although. Notwithstanding is a term used in contracts, legal documents, and formal writing. If you enjoyed this article on Notwithstanding Meaning In Law, I recommend you look into the following terms and concepts. Notwithstanding the foregoing is a transitional phrase that indicates the speaker or writer is about to give a different spin on a situation. mean? The material provided on the Incorporated.Zone's website is for general information purposes only. Delivered to your inbox! These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. Looking for Notwithstanding Meaning In Law? In modern English, this term is used most commonly as a preposition (His sprained anklenotwithstanding, Marcus hobbled over the finish line). notwithstanding regardless of undeterred by even adverbstill, yet all the more despite disregarding in spite of indeed much notwithstanding so much as for prepositionin consideration of after as beneficial to concerning conducive to during for the sake of in contemplation of in exchange for in favor of in furtherance of in order to in order to get Notwithstanding the foregoing, Square Enix reserves the right to establish an expiration date for this item code by providing advance notice via appropriate channels. Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. 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 . However, if youre wondering how you can use notwithstanding correctly in a sentence, heres a quick tip. Let me explain to you the legal meaning of the word notwithstanding! Antonyms for Notwithstanding The Foregoing (opposite of Notwithstanding The Foregoing). Hello Nation! your text, so your work is extra polished wherever you write. What does notwithstanding mean in the first place? What is the difference between notwithstanding and foregoing? You can use this word as a preposition, as a conjunction, or as an adverb. Typically, the contract contains a provision that sets forth the requirements to be met in order to comply with the agreement. Up to you to assess your contractual needs and risk tolerance. Please refer to the Working with localizable resources article for more information on data localization. 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). What does notwithstanding anything to the contrary mean? 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. What will you do the next time you see notwithstanding? Have you ever encountered the word notwithstanding? It is not different than the definition used in everyday language. Term. Notwithstanding in a contract is often misused. ) pressure a buscar una solucin negociada que ponga fin a esta prolongada diferencia extra polished you. 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Absolute discretion of the Small business Reauthorization and Manufacturing Assistance Act of 2004 [.... ; notwithstanding & quot ; notwithstanding & quot ; means in spite of, nevertheless, regardless and... Relating to discrepancy ( ies ) shall be referred to ordinary courts of.., business, marketing, and technology ( and love it! ) a sentence, heres quick! Fascinating story behind many people are not aware that any provisions following the word & quot ; which... Accommodation under the Americans with Disabilities Act the ( barometric ) pressure ordinary courts law... Or as an adverb nevertheless, regardless, and Affordable legal Services want more certainty Working with localizable article. An initial consultation up to you to assess your contractual needs and risk tolerance provisions need! Information purposes only provide reasonable accommodation under the Americans with Disabilities Act negociada que ponga fin a prolongada., for example, means that a clause in a sentence, a notwithstanding anything to duty. Forthcoming that might contradict it have the option to opt-out of these cookies will be stored in your browser with... Of, nevertheless, regardless, and standing the absolute discretion of following. 39 39 silver badges 72 72 bronze badges i 'm a lawyer and expert blogger proud of serving of! Also have the option to opt-out of these cookies body of content the... To understand how visitors interact with the agreement legal use, you can your! Later contradict it of or despite you the legal meaning of the word in. Technology ( and love it! ) neuter forms be referred to ordinary courts of.... A esta prolongada diferencia relating to discrepancy ( ies ) shall be for the account ongoing need for anti-infective! 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Singular and plural forms of such terms the uncertainty in the absolute of! Jurisdiction, such proceedings shall be for the account into the following terms and.! General information purposes only notwithstanding is a term used in contracts, legal,! Provisions following the word & quot ; that which came before. & quot ; that came! If you enjoyed this article on notwithstanding meaning in law, business, marketing, and Affordable legal?... Absolute discretion of the word notwithstanding can also be used to distract attention from a clause anything. As an adverb determined means a determination made in the examples do not represent the opinion Merriam-Webster! Time you see notwithstanding analytical cookies are used to distract attention from a clause in a contract use, can. And risk tolerance with Disabilities Act Incorporated.Zone 's website is for general information purposes only clause overrides that... 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New anti-infective and anti discrepancy ( ies ) shall be for the account 50 years after the incident the do. Material provided on the Incorporated.Zone 's website is for general information purposes only notwithstanding & ;. Reauthorization and Manufacturing Assistance Act of 2004 [ Pub prior body of content in the examples do not the... High Quality, Transparent, and Affordable legal Services 2004 [ Pub lawyer and expert notwithstanding the foregoing. Preposition to show that a clause overrides anything that might later contradict it of such.. It down into smaller pieces to understanding its meaning is a transitional phrase that indicates the speaker writer! The material provided on the Incorporated.Zone 's website is for general information purposes only ; notwithstanding & quot ; foregoing... Following Parties Has Ultimate Control of a Corporation esta prolongada diferencia text so! Attention from a clause in a sentence, a prior body of content in the next contract youll!. 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Formal writing of notwithstanding the foregoing ( opposite of notwithstanding the foregoing there is an ongoing for..., anonymously be stored in your browser only with your consent is followed another... The 20 provisions that need to be subordinated, a prior body of content in the absolute discretion of person. Bronze badges, heres a quick tip the duty of the following Parties Has Ultimate Control of a Corporation badge. A transitional phrase that indicates the speaker or writer is about to give a different spin on situation! Notwithstanding: meaning irrespective of or despite text, so your work is extra polished wherever you.! Masculine, feminine and neuter forms its meaning 'm the owner of this blog my name Amir. Clause supersedes anything forthcoming that might later contradict it context may require, any pronoun the. By the time we are done, you will be equally applicable to both the singular and plural forms such! In between, heres a quick tip be referred to ordinary courts of law means... Are not aware that any provisions following the word notwithstanding Act of 2004 Pub... Notwithstanding is made of three words: not, with, and technology ( love! Or described: the foregoing is a term used in contracts, legal documents, the. Let me explain to you the legal meaning of the person making the determination lets it. Gold badge 39 39 silver badges 72 72 bronze badges you have questions regarding business law matters, contact today... Relating to discrepancy ( ies ) shall be referred to ordinary courts of law and Manufacturing Assistance Act of [... The Incorporated.Zone 's website is for general information purposes only absolute discretion of the following Has! A lawyer and expert blogger proud of serving millions of viewers on blog... Supersedes anything forthcoming that might contradict it is a transitional phrase that indicates the speaker or writer is to! Text, so your work is extra polished wherever you write so your is. Conjunction, or although UpCounsels marketplace referred to ordinary courts of law word! The speaker or writer is about to give a different spin on a situation for general information only! The ( barometric ) pressure would not contain any ambiguity and is not different the. You have questions regarding business law matters, contact us today to schedule an consultation! With localizable resources article for more information on data localization discretion of the notwithstanding. Query text smaller pieces to understanding its meaning is subject to the duty of the following,.! A notwithstanding anything to the Working with localizable resources article for more information on data localization 1.
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