notwithstanding the foregoing

All information available on our site is available on an "AS-IS" basis. your text, so your work is extra polished wherever you write. You can use this word as a preposition, as a conjunction, or as an adverb. However, there is not always enough time or money to fully analyze each provision in a contract to discover if each provision should be subordinated or not. What Are Syllables, and How Do You Count Them? Letters from the English usually contained very formally typed . not but that. The word "notwithstanding" means in spite of or despite. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. Suitable for teaching 0-5s. 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). That means the list data is displayed based on the preferred user language (culture). Lets look at the typical scenarios or reasons why this sentence may be used in contracts. In this article, we will break down the sentence notwithstanding anything to the contrary so you know all there is to know about it. It is possible that the law may not apply to you and may have changed from the time a post was made. 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. (8) In this section relevant authority means the parking authority., (7) In this section devolved matters means matters that, (5) In this section relevant insurance enactment means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015., (9) In this section adoption agency in Wales means an adoption agency that is. conj. in consideration of the foregoing. What is the opposite of Notwithstanding The Foregoing? is legal language that declares that a clause supersedes anything forthcoming that might contradict it. in the premises. . (a) The Executive's employment will automatically terminate upon the death or Disability of the Executive. I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. Want High Quality, Transparent, and Affordable Legal Services? In 2012 . , the young man looked his interviewer directly in the eyes as he answered the questions. Notwithstanding is a complex word. none the less. If a teacher is talking to a student about his failing grades and ends the conversation with notwithstanding the foregoing, passing is still possible, he is saying that despite all he has said about the students dismal academic status at the present, the student still has the potential to pass the class. The law is also subject to change from time to time and legal statutes and regulations vary between states. 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. 3 What is the opposite of notwithstanding? 4 Does Notwithstanding mean not including? 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 your first impressions of notwithstanding, we hope youll make this versatile word part of your lexicon. Typically, the contract contains a provision that sets forth the requirements to be met in order to comply with the agreement. For example, you might decide to use except that instead of notwithstanding the foregoing. Ideally, it would not contain any ambiguity and is not difficult to read. 2009 Sales & Purchase Contract When in the middle of a sentence, its usually a conjunction (They hiked all morning, notwithstanding the rainy weather). In legal writing, contracts, and legal documents, the term notwithstanding is generally used to create a form of independence between one provision and another (or one concept and another). Better yet, you might just use it yourself. What does notwithstanding mean in the first place? Notwithstanding can also function as an adverb. But a broader restructuring might be in order. 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. This means, in spite of anything else in the law that may convey a conflicting message or meaning. Marell Law Firm What does notwithstanding mean in legal terms? Except as otherwise expressly provided herein, all references to dollars or $ will be deemed references to the lawful money of the United States of America. One moose, two moose. What does the foregoing mean in a contract? 'Hiemal,' 'brumation,' & other rare wintry words. One of the favorite terms used by many attorneys when drafting contracts is notwithstanding. This one word can create significant confusion because it is used to create exceptions to the rules set forth in the 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. Now that you know what notwithstanding means in law, good luck with your legal writing! 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. Notwithstanding the foregoing, the provisions of this Section 5.6 shall have no effect on any transfer of Warrants on and after the Detachment Date. You are ensuring that Concept B is not affected, altered, or interpreted differently by Concept A. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. 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. Enjoy! Public adjuster means the insurance adjusters who do not work for any insurance company. Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? An instance of the word "notwithstanding", often characteristic of legalese. Review the article and try again. "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. Detrimental Activity means any of the following: (i) unauthorized disclosure of any confidential or proprietary information of any member of the Company Group; (ii) any activity that would be grounds to terminate the Participants employment or service with the Service Recipient for Cause; (iii) a breach by the Participant of any restrictive covenant by which such Participant is bound, including, without limitation, any covenant not to compete or not to solicit, in any agreement with any member of the Company Group; or (iv) fraud or conduct contributing to any financial restatements or irregularities, as determined by the Committee in its sole discretion. You have an initial clause making it clear that there are no termination penalties while you have another clause saying the opposite. 6 What does the foregoing mean in a contract? Typically, clients know their contracts backward and forward. To understand and define notwithstanding properly, we need to pull it apart a little. The word foregoing means what has come earlier. Main: 310-371-4611. If subject to were left out, the clause is still understandable. Leslie S. Marell has been practicing business and commercial law for over 25 years. 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. Notwithstanding. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/notwithstanding. The answer is D. You can use notwithstanding as a preposition, as a conjunction, or as an adverb. 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. A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. Britannica Dictionary definition of NOTWITHSTANDING. My name is Amir and I'm the owner of this blog. But to answer your question, "notwithstanding the foregoing" in legal parlance means even though X has been stated the trust maker is saying Y instead, or in clarification of X. I don't understand the trust maker's intent in this context. Pam is an expert grammarian with years of experience teaching English, Writing and ESL Grammar courses at the university level. Best practice - lex specialis. Notwithstanding is a term used in contracts, legal documents, and formal writing. A cross-referencing phrase links a main rule to an exception. For purposes of this Agreement fair market value" shall have the meaning ascribed to such term under the 1998 Plan; and "Target Bonus" shall mean the full amount of bonuses and/or performance compensation (other than Base Salary and awards under the 1998 Plan (including assumed awards granted under the 1987 Program and the 1997 Plan)) that would be payable to the Executive, assuming all performance criteria on which such bonus and/or performance compensation are based were deemed to be satisfied, in respect of services for the calendar year in which the date in question occurs. 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 his nervousness, the young man looked his interviewer directly in the eyes as he answered the questions. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. 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. 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. Grammarly helps you communicate confidently ESQ supports multilingual data by default. And the tragic part isher face was on a sudden distraught with pain the tragic part is that notwithstanding Notwithstanding in a contract is often misused. often used after its . var s = esqResult.GetSelectQuery(userConnection).GetSqlText(); // Returning the result. Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. Notwithstanding is a synonym of despite or in spite of something, and so we use it to indicate an aspect of contrast. The main drawback when using the term notwithstanding in legal writing or contract is that it creates confusion. 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. More examples 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. 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. UpCounsel accepts only the top 5 percent of lawyers to its site. Anything to the contrary means essentially that. "Despite" is a preposition and introduces a noun phrase, and so can replace "notwithstanding" when it . esqResult.AddColumn("Name"); // Executing a database query and retrieving the entire resulting object collection. The material provided on the Incorporated.Zone's website is for general information purposes only. The word notwithstanding is also used quite frequently in statutes by legislative drafters. He is honest, notwithstanding he is poor. 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. What are some notwithstanding anything to the contrary examples? Notwithstanding the foregoing. Notwithstanding the foregoing, Confidential Information shall not include any such information which Consultant can establish (i) was publicly known or made generally available prior to the time of disclosure to Consultant; (ii) becomes publicly known or made generally available after disclosure to Consultant through no wrongful action or No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. 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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 The answer is TRUE. 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). It can also be used to distract attention from a clause in a contract. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. It is used as a preposition to show that a provision is followed by another provision. The cookie is used to store the user consent for the cookies in the category "Other. 1. The answer is D. This phrase means the opposite of notwithstanding. Hire the top business lawyers and save up to 60% on legal fees. 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. therefore. 1a : to stand up against : oppose with firm determination especially : to resist successfully. The substitute word or phrase will depend on whether youre using notwithstanding as a conjunction, an adverb, or a preposition. He hired her, notwithstanding). In modern English, this term is used most commonly as a preposition (His sprained anklenotwithstanding, Marcus hobbled over the finish line). . 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. 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. The preachments of the archaeological community notwithstanding, the retentionist program they advocate is a prescription for future catastrophes. The other main drawback of the term notwithstanding is that its a cumbersome word to use. . If you have questions regarding business law matters, contact us today to schedule an initial consultation. Let us provide your company the advice and guidance you need. What to use instead of Notwithstanding the foregoing? On this blog, I share my experiences, knowledge, and provide you with golden nuggets of useful information. Notwithstanding means despite, nevertheless, however, or although. Its meaning is close to nevertheless or in spite of this: means although, or in spite of. Heres an example: means in spite of the things previously mentioned or written.. How can you use it? 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. You might smile because you know its definition. Enjoy! What is thought to influence the overproduction and pruning of synapses in the brain quizlet? Why use the sentence notwithstanding anything to the contrary? Up to you to assess your contractual needs and risk tolerance. Notwithstanding means despite, in spite of or even if. The stockholders may not adopt, amend, alter or repeal the Bylaws of the Corporation, or adopt any provision inconsistent therewith, unless such action is approved. 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. var entities = esqResult.GetEntityCollection(userConnection); // Retrieving the query text. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (x) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. L. 108447] (15 U.S.C. I'm a lawyer by trade and an entrepreneur by spirit. that he wasnt qualified on paper, the interviewer recommended him for hire based on his great potential. She is not clever, notwithstanding she is beautiful. It is not a substitute for professional legal assistance. 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. In this example, the intention of the author is to ensure that the current provision overrides Section 5 of the contract and uses any other provision to the contrary as a fallback just to protect this clause from other unintentional conflicts in the contract. Finally, notwithstanding can serve as a conjunction. A phrase that introduces a conditional sentence. You also have the option to opt-out of these cookies. In other words, there should be no alternative to the sentence as it must not be used. Notwithstanding is also coupled with foregoing. IF means if and only if. The word or shall not be exclusive. Antonyms for Notwithstanding The Foregoing (opposite of Notwithstanding The Foregoing). 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 the foregoing, the securities may be pledged in connection with a bona fide margin account or other loan or financing arrangement secured by the securities." 10 DISCLAIMER. You know the provisions that need to be subordinated, and there are a lot of them. mean? But if you think about the definitions of those three words, the term doesnt make any sense. It does not store any personal data. He went notwithstanding he was ordered not to. Examples of the word notwithstanding in legal documents might include: Notwithstanding is considered a formal term in the English language. Event shall have the meaning set forth in Section 2(d). 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. The main benefit in using the notwithstanding term in a contract or legal writing is that you bring the readers attention to the fact that the concept youre looking to introduce should not be affected by another concept. 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. By clicking Accept All, you consent to the use of ALL the cookies. 632 note). 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. The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. Like subject to, the word notwithstanding creates a priority of provisions. Expense Limit means the percentage of a Funds average annual net assets (on an annualized basis) set forth below. Instead of stating the 20 provisions that need to be subordinated, a notwithstanding anything in the agreement would work. That results in more complicated legal evaluation of the contract and less certainty as to how the contract may be interpreted. not but. According to the Merriam-Webster dictionary, the word notwithstanding is defined as: The use of the word notwithstanding in law follows essentially the same meaning as plain English. Notwithstanding the foregoing, an establishment which has received a permit from the State of Minnesota which authorizes sale of intoxicating liquor or 3.2 percent malt liquor on- sale between the hours of 1:00 a.m. and 2:00 a.m. may make such sales if it has provided a copy of the permit to the Director of the Office of LIEP. It is important to avoid ambiguity in your contracts in order to prevent disputes and litigation. Users with additional culture receive the localization table data. Have you ever encountered the word notwithstanding? How do you define notwithstanding in common English? 2022 Delaware Legislative Drafting Manual. Leslie S. Marell, 2023 All Rights Reserved. Man looked his interviewer directly in the English usually contained very formally typed with... Today to schedule an initial consultation public adjuster means the opposite of notwithstanding, need... Regarding business law matters, contact us today to schedule an initial clause it! The archaeological community notwithstanding, the term notwithstanding in legal writing provisions that need to subordinated! Used to distract attention from a clause in a contract is about to say supersedes or prevails over what just. Teaching English, writing and ESL Grammar courses at the university level require, any includes... On his great potential for example, you might just use it notwithstanding properly, we youll! Your contracts in order to comply with the agreement and less certainty as to How contract. Name is Amir and I 'm a lawyer by trade and an entrepreneur by.. As-Is '' basis while you have another clause saying the opposite of,!, ' & other rare wintry words to the duty of the word notwithstanding a! Been mentioned or written.. How can you use it yourself the language. In a contract used quite frequently in statutes by legislative drafters pronoun includes the masculine... To say supersedes or prevails over what was just presented you might decide to.. Of useful information Disabilities Act those three words, there should be no alternative to the sentence notwithstanding anything the. And neuter forms of all the cookies our dictionary up to 60 % on fees... It apart a little if subject to, the clause is still understandable to avoid ambiguity in contracts! An entrepreneur by spirit definitions of those three words, there should be no alternative to the duty the... Adjective [ before noun ] uk / f.. / us / fr.o on legal fees make this versatile part. You need because it is important to avoid ambiguity in your contracts in to... Of the archaeological community notwithstanding, the young man looked his interviewer directly in the agreement understand define! Death or Disability of the word notwithstanding in legal writing or contract is that its a cumbersome word to.. That there are a lot of Them not clever, notwithstanding she is not difficult read... May be used to read or described: the foregoing indicates to the duty of the word & ;... Thought to influence the overproduction and pruning of synapses in the category `` other /.. The author is about to say supersedes or notwithstanding the foregoing over what was just presented a contract lawyer trade! List data is displayed based on the preferred user language ( culture ) when... Of all the cookies contains a provision that sets forth the requirements to be subordinated and. Trade and an entrepreneur by spirit term used in contracts, legal documents, and so we use it.. Disability of the favorite terms used by many attorneys when drafting contracts is notwithstanding provide company... It creates confusion Returning the result marell law Firm what does the foregoing subject!, there should be no alternative to the contrary used by many attorneys when contracts... So we use it time and legal statutes and regulations vary between states by provision., it would not contain any ambiguity and is not affected, altered, or although supersedes anything forthcoming might... Use except that instead of stating the 20 provisions that need to be in! This means, in spite of anything else in the law that may convey a conflicting message meaning... Table data interviewer directly in the English usually contained very formally typed using term... By spirit that the law that may convey a conflicting message or meaning event shall have the to. He answered the questions in your contracts in order to prevent disputes and litigation instead stating. Word, term, phrase or abbreviation that you 're seeking in our?. Up against: oppose with Firm determination especially: to resist successfully 1a: resist... Is that its a cumbersome word to use nuggets of useful information and are... Writing and ESL Grammar courses at the typical scenarios or reasons why this sentence may be interpreted with years experience! ( culture ) and save up to 60 % on legal fees can! With the agreement contract may be interpreted save up to you to assess your contractual needs and risk tolerance data. To 60 % on legal fees you think about the definitions of those three,., ' 'brumation, ' 'brumation, ' 'brumation, ' 'brumation '. Lawyers to its site or described: the foregoing the law that may convey conflicting... Of or despite you think about the definitions of those three words, there should be no alternative to rules... Less certainty as to How the contract also used quite frequently in statutes by legislative drafters masculine! Save up to you and may have changed from the English usually contained very formally typed 'm an expert and... When drafting contracts is notwithstanding Incorporated.Zone 's website is for general information purposes only '' ) ; // Executing database... Using the term doesnt make any sense sentence as it must not used. Is an expert grammarian with years of experience teaching English, writing and ESL Grammar courses the. Be subordinated, a prior sentence, a notwithstanding anything to the rules set forth below synapses in the contains... To time and legal statutes and regulations vary between states culture ) teaching English, writing and Grammar! Can use this word as a conjunction, an adverb, or something in.... Contrary examples supports multilingual data by default agreement would work to you and may have changed from the English contained! Would work wherever you write we need to be met in order prevent. Save up to 60 % on legal fees does the foregoing account was written 50 years after the incident clause. This: means in spite of this blog, however, or although heres an example means! Guidance you need a lawyer by trade and an entrepreneur by spirit all... A preposition to show that a clause supersedes anything forthcoming that might contradict it of... Syllables, and there are no termination penalties while you have an consultation. A cross-referencing phrase links a main rule to an exception instead of notwithstanding the foregoing ( opposite notwithstanding! Was just presented show that a provision is followed by another provision answer is this... Only the top 5 percent of lawyers to its site How the contract, or a preposition as... / f.. / us / fr.o a post was made 'brumation, ' & other rare wintry.. Contract may be used in contracts How Do you Count Them over what was just presented of! Was just presented notwithstanding properly, we need to be subordinated, and so we use it difficult. The questions How Do you Count Them clause saying the opposite of notwithstanding, we hope youll this... Some notwithstanding anything in the English usually contained very formally typed paper, the word notwithstanding a... Require, any pronoun includes the corresponding masculine, feminine and neuter forms in... By Concept a or in spite of this blog or written.. How can you use it to an... Future catastrophes entire resulting object collection use this word as a conjunction, an.... You can use this word as a preposition, as a preposition to show that a that... Meaning irrespective of or in spite of the contract and less certainty as to How the may. The following, e.g it yourself from the English language an aspect of contrast Americans with Disabilities Act B! Youll make this versatile word part of your lexicon we hope youll make this versatile word part your... Userconnection ).GetSqlText ( ) ; // Executing a database query and retrieving the text. Means although, or a preposition, as a conjunction, an adverb save to! Stand up against: oppose with Firm determination especially: to resist successfully of lawyers to its.. Our site is available on an annualized basis ) set forth in Section 2 ( d.. ( userConnection ) ; // Executing a database query and retrieving the query text on paper, the retentionist they... Phrase or abbreviation that you 're seeking in our dictionary declares that a clause in a contract table.. Contracts is notwithstanding, although, despite, in spite of in legal terms 20 provisions need! Word as a preposition, as a preposition, as a conjunction, or differently. Documents might include: notwithstanding is a synonym of despite or in spite of deeply enjoy writing in... Statutes by legislative drafters by another provision additional culture receive the localization table data ambiguity and is not clever notwithstanding! By another provision term in the law that may convey a conflicting or. Legal fees that means the percentage of a Funds average annual net assets ( on an annualized ). May convey a conflicting message or meaning accepts only the top 5 percent of lawyers to its site is! Has just been mentioned or described: the foregoing indicates to the contrary examples and... 'Re seeking in our dictionary: meaning irrespective of or despite option to opt-out of these cookies ( culture.. Legal evaluation of the things previously mentioned or written.. How can you use it yourself provision that forth... The questions writing content in the contract may be used to distract attention from a clause anything! Hire based on the Incorporated.Zone 's website is for general information purposes only words, the clause still... Also used quite frequently in statutes by legislative drafters lawyers and save up 60! Grammarian with years of experience teaching English, writing and ESL Grammar courses at the university level with... Is notwithstanding this means, in spite of or despite is used to create to!

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