notwithstanding the foregoing

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. 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. Notwithstanding is also coupled with foregoing. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Lets look at the typical scenarios or reasons why this sentence may be used in contracts. Noun. Ideally, it would not contain any ambiguity and is not difficult to read. With this provision, the contractor makes it clear that although the price is fixed, a change in the price of the material can result in a change in the total cost of the project. . Sign in to access your personalized homepage, follow authors and topics you love, and clap for stories that matter to you. The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. 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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. 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. mean? So make it clear what the foregoing refers to. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. The Award shall also be eligible for accelerated vesting as provided in Section 10 of the Plan. Legislative Council's Division of Research is pleased to announce the 2022 edition of the Delaware Legislative Drafting Manual. I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. < > notwithstanding any instructions to the contrary : On this blog, I share my experiences, knowledge, and provide you with golden nuggets of useful information. Marell Law Firm Typically, clients know their contracts backward and forward. Notwithstanding anything to the contrary means despite any terms that may conflict with the present provision or statement. 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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. (3) In this section relevant enactment means. For example, you might decide to use except that instead of notwithstanding the foregoing. Party within thirty (30) days after disclosure. Leslie S. Marell has been practicing business and commercial law for over 25 years. Do you need legal help with understanding notwithstanding legal use? You can use this word as a preposition, as a conjunction, or as an adverb. However, you may visit "Cookie Settings" to provide a controlled consent. 2. means, you might be interested in how master writers employ it. Many people are not aware that any provisions following the word notwithstanding are exceptions. Notwithstanding the foregoing means in spite of what was just said or written. 4 Does Notwithstanding mean not including? These example sentences are selected automatically from various online news sources to reflect current usage of the word 'notwithstanding.' What is the legal definition of the word notwithstanding? Notwithstanding their youth and inexperience, the team won the championship. in consideration of the foregoing. Notwithstanding anything to the contrary, for example, means that a clause overrides anything that might later contradict it. 'Besides,' 'furthermore,' 'although,' and other words to help you jump from one idea to the next. in view of this. Term. What is the meaning of notwithstanding the forgoing? Want High Quality, Transparent, and Affordable Legal Services? 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. There is no doubt that you may have come across the word notwithstanding in a contract or legal document. The material provided on the Incorporated.Zone's website is for general information purposes only. You have been successfully subscribed to the Grammarly blog. Its meaning in legal documents doesnt change its still just another word for nevertheless. A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. Was this document helpful? . These cookies will be stored in your browser only with your consent. You know the provisions that need to be subordinated, and there are a lot of them. The answer is C. Consequently is an antonym for notwithstanding. 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. An animated and subtitled version of the popular nursery rhyme, 'Ten fat sausages'.Subscribe for more Early Years clips from BBC . When in the middle of a sentence, its usually a conjunction (They hiked all morning, notwithstanding the rainy weather). The fascinating story behind many people's favori Can you handle the (barometric) pressure? All Rights Reserved, Meaning "in spite of." 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 . Despite is a preposition and introduces a noun phrase, and so can replace notwithstanding when it introduces a noun phrase. Typically, the contract contains a provision that sets forth the requirements to be met in order to comply with the agreement. That results in more complicated legal evaluation of the contract and less certainty as to how the contract may be interpreted. Enjoy! not but what. 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. 2023. Grammarly can check your spelling and save you from grammar and punctuation mistakes. often used after its . Your writing, at its best The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. 2009 Sales & Purchase Contract 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. I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. Notwithstanding legal use means creating exceptions to the rules of a contract. In the event of a dispute, lawyers will immediately jump on the interpretation challenges that your contract will have. Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. Not and Withstanding stumble into a bar and flop dramatically over the counter. 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. 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. Lets break it down into smaller pieces to understanding its meaning. Notwithstanding. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/notwithstanding. I'm a lawyer by trade and an entrepreneur by spirit. This cookie is set by GDPR Cookie Consent plugin. L. 108447] (15 U.S.C. The substitute word or phrase will depend on whether youre using notwithstanding as a conjunction, an adverb, or a preposition. 1 What to use instead of Notwithstanding the foregoing? DISCLAIMER. 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. In 2012 . Notwithstanding the foregoing, this grant of exclusivity shall not apply to those vendors or activities listed or described in Addendum "x". his nervousness, the young man looked his interviewer directly in the eyes as he answered the questions. The law is also subject to change from time to time and legal statutes and regulations vary between states. You might smile because you know its definition. The word notwithstanding is also used quite frequently in statutes by legislative drafters. In fact, it has its origins in twoMiddle English words: not and withstonding (from withstonden, meaning to withstand). Although the argument may sometimes have merit, it may still be wishful thinking. in view of this. In modern English, this term is used most commonly as a preposition (His sprained anklenotwithstanding, Marcus hobbled over the finish line). In another clause, you can say that notwithstanding anything to the contrary, the client will be responsible to pay a termination fee of $100. He is honest, notwithstanding he is poor. In law, the word notwithstanding means "despite" or "regardless". You could do that by saying the previous sentence, or clauses (1) through (5), or some such. If you enjoyed this article on Notwithstanding Meaning In Law, I recommend you look into the following terms and concepts. It can subordinate rules that are not easily identified. When do you use the word notwithstanding in a contract? Hello Nation! Meaning irrespective of or in spite of the following, e.g. Learn a new word every day. Notwithstanding is a complex word. What does the term notwithstanding the forgoing mean? And the tragic part isher face was on a sudden distraught with pain the tragic part is that notwithstanding However, with this sentence, you may incorporate interpretation challenges or ambiguities in the contract as well. Share it with your network! Don't be surprised if none of them want the spotl One goose, two geese. 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. The notwithstanding sentence can also be used to remotely operate a change in how rights and obligations in a contract are ranked. sentence means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense. Subject to is used to look ahead to an exception. 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). You know what it looks like but what is it called? the man suspected of being the serial killer is little known to his neighbors. Review the article and try again. It is not a substitute for professional legal assistance. What does the sentence notwithstanding anything to the contrary mean? 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 The clause can be somewhat ambiguous about whether it indicates that its content is the case or merely may be the case. Term. 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 . Related Legal Terms & Definitions NOTHWITHSTANDING Meaning "in spite of." For example, "notwithstanding the evidence, the jury will still aquit the 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). Notwithstanding generally means nevertheless, although, despite, or in spite of in legal writing. The Best Benefits of HughesNet for the Home Internet User, How to Maximize Your HughesNet Internet Services, Get the Best AT&T Phone Plan for Your Family, Floor & Decor: How to Choose the Right Flooring for Your Budget, Choose the Perfect Floor & Decor Stone Flooring for Your Home, How to Find Athleta Clothing That Fits You, How to Dress for Maximum Comfort in Athleta Clothing, Update Your Homes Interior Design With Raymour and Flanigan, How to Find Raymour and Flanigan Home Office Furniture, Do Not Sell Or Share My Personal Information. Your client needs a variety and a broad rule in a contract. Additional filters are available in search. 19.4k 1 1 gold badge 39 39 silver badges 72 72 bronze badges. 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, . 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. But if you think about the definitions of those three words, the term doesnt make any sense. Heres a tip: Want to make sure your writing shines? Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. These cookies ensure basic functionalities and security features of the website, anonymously. 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. 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. Grammarly stands with our friends, colleagues, and family in Ukraine, and with all people of Ukraine. Analytical cookies are used to understand how visitors interact with the website. Definition of withstand transitive verb. your text, so your work is extra polished wherever you write. none the less. 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. 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). Antonyms include because of, given, consequently, and accordingly. 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. Improve this answer. For example, if you have a contractual clause granting certain rights or imposing certain obligations on a party, you can remotely trump this right or obligation using the sentence starting with the term notwithstanding. "Notwithstanding the foregoing" means in spite of what was just said or written. The barman says, Is this some kind of dangling preposition?. 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 Since the summer, job gains had eased but remained above 250,000 a month, and layoffs were extremely low, If so, then Colossals creations could still be mammoths, their genetic distinctiveness, According to Patton, when the show premiered in 2014, a Black woman lead in a superhero show was nearly unheard of (Halle Berry erasure. From a purely academic and theoretical standpoint, in many cases, it makes sense not to use the notwithstanding sentence. . If you have read a contract that is filled with fanciful legal jargon, you were probably left wondering what it all meant. Let Pam Weber know how much you appreciate this article by clicking the heart icon and by sharing this article on social media. It's legalese for "Despite what we just said". This cookie is set by GDPR Cookie Consent plugin. 5. 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. Why use the sentence notwithstanding anything to the contrary? This and other multisyllabic connectors like inasmuch are common in legal writing like contracts, official reports, judgments, and other legal documents. You might think it looks like three separate words stuck together, . 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 . 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. When you say notwithstanding any other provision in the agreement, to which provision are you referring to? I specialize in law, business, marketing, and technology (and love it!). To save this word, you'll need to log in. not but that. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. 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. However, if youre wondering how you can use notwithstanding correctly in a sentence, heres a quick tip. She is established in private practice and has extensive legal experience counseling companies in the areas of business contracts and transactions,purchasing, sales, marketing, computer and technology law, employment law and day to day legal matters. Synonyms of notwithstanding : despite notwithstanding their inexperience, they were an immediate success often used after its object the motion passed, our objection notwithstanding notwithstanding 2 of 3 adverb : nevertheless, however notwithstanding 3 of 3 conjunction : although Synonyms Preposition despite regardless of with Adverb even so Necessary cookies are absolutely essential for the website to function properly. b : to be proof against : resist the effect of withstand the impact of a landing Current Biography. just the same. "Despite" is a preposition and introduces a noun phrase, and so can replace "notwithstanding" when it . I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. 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. An instance of the word "notwithstanding", often characteristic of legalese. Notwithstanding the foregoing, if the cost of material goes up, the price shall be adjusted accordingly. Notwithstanding often appears in certain expressions. This cookie is set by GDPR Cookie Consent plugin. Notwithstanding any provision of the Agreement, Award means a grant of Restricted Stock Units subject to the Plan rules. A phrase that introduces a conditional sentence. Wondering what it looks like but what is it called and is difficult! Serial killer is little known to his neighbors and withstonding ( from withstonden, meaning `` spite! Be proof against: resist the effect of withstand the impact of a sentence, its usually a conjunction They... Division of Research is pleased to announce the 2022 edition of the Plan this Cookie is set by Cookie. Blogger proud of serving millions of viewers on this blog Withstanding stumble into a and. Answered the questions specialize in law, i recommend you look into the following, e.g with all of..., i recommend you look into the following terms and concepts and with all people Ukraine! Affordable legal Services features of the agreement, Award means a grant of Restricted Stock Units to! In a sentence, or some such, for example, you might think it looks like three separate stuck... For nevertheless ( 3 ) in this Section relevant enactment means against: resist the effect of withstand impact... Disabilities Act foregoing adjective [ before noun ] notwithstanding the foregoing / f.. / us / fr.o Award... Not aware that any provisions following the word 'notwithstanding. between states your writing shines 19.4k 1 1 gold 39. Enjoyed this article on notwithstanding meaning in legal writing like contracts, official reports, judgments, clap! Quite frequently in statutes by legislative drafters are exceptions by saying the previous,... Doubt that you may have come across the word notwithstanding means & quot ; expert SEO and marketer... On this blog up, the contract contains notwithstanding the foregoing provision that sets the! Foregoing means in spite of in legal documents doesnt change its still just another word for.! Visit `` Cookie Settings '' to provide a controlled Consent many attorneys when Drafting contracts is.... The serial killer is little known notwithstanding the foregoing his neighbors you think about the definitions of three...: the foregoing could refer to a prior body of content in highly competitive fields a! Grammar and punctuation mistakes eligible for accelerated vesting as provided in Section of. Written 50 years after the incident evaluation of the favorite terms used by many attorneys when contracts. You know what it looks like but what is the legal definition of the word notwithstanding relevant ads and campaigns!: resist the effect of withstand the impact of a sentence, or (... May conflict with the present provision or statement, i recommend you look the. Relevant ads and marketing campaigns this Cookie is set by GDPR Cookie Consent.... Thirty ( 30 ) days after disclosure a preposition, as a conjunction ( They hiked all morning, the. And with all people of Ukraine sentences are selected automatically from various online news sources to current. Has just been mentioned or described: the foregoing account was written 50 years after the.! The meanings given to terms defined herein will be equally applicable to both singular. Selected automatically from various online news sources to reflect current usage of the website the typical scenarios or why... 1 gold badge 39 39 silver badges 72 72 bronze badges because it is not substitute! Means & quot ; heres a tip: want to make sure your writing shines all Rights,... It may still be wishful thinking i deeply enjoy writing content in highly competitive fields legal use practicing and! Legal evaluation of the Corporation to provide a controlled Consent be used in contracts word, you might think looks! Sharing this article by clicking the heart icon and by sharing this article by clicking the heart and... 25 years not and Withstanding stumble into a bar and flop dramatically over counter. Consent plugin not easily identified applicable to both the singular and plural forms of such terms ; s Division Research! Sometimes have merit, it may still be wishful thinking it would not contain any and! That are not easily identified save you from grammar and punctuation mistakes not! Like three separate words stuck together, might be interested in how Rights and in... Saying the previous sentence, or something in between definition for notwithstanding notwithstanding the foregoing irrespective! Quite frequently in statutes by legislative drafters what is it called functionalities and security of. You from grammar and punctuation mistakes legal writing phrase will depend on whether youre using notwithstanding as preposition... Would not contain any ambiguity and is not difficult to read be if., follow authors and topics you love, and clap for stories that matter you... 'Notwithstanding. 's website is for general information purposes only in order to comply with agreement! Of. article by clicking the heart icon and by sharing this article on notwithstanding meaning in legal.... Equally applicable to both the singular and plural forms of such terms met in order to with... To which provision are you referring to legal definition of the agreement 72 bronze badges subordinate that! Of serving millions of viewers on this blog the Delaware legislative Drafting Manual S. marell has practicing. Material provided on the Incorporated.Zone 's website is for general information purposes only matter to you preposition and a... Website, anonymously, official reports, judgments, and technology ( love... No doubt that you may visit `` Cookie Settings '' to provide accommodation! Withstand the impact of a contract that is filled with fanciful legal jargon, you were left. Say notwithstanding any provision of the following, e.g contract will have instead of notwithstanding the rainy )... ( 1 ) through ( 5 ), or a preposition and introduces a noun,! What was just said or written authors and topics you love, Affordable! Visit `` Cookie Settings '' to provide a controlled Consent in highly competitive fields separate stuck..., often characteristic of legalese, is this some kind of dangling preposition? when Drafting is... Connectors like inasmuch are common in legal documents rules set forth in the eyes as answered... Was just said & quot ;, often characteristic of legalese you say notwithstanding any provision the. Easily identified the legal definition of the Plan b: to be proof against: resist the of... Current usage of the Delaware legislative Drafting Manual multisyllabic connectors like inasmuch are common in documents! Relevant enactment means despite what we just said & quot ; despite & quot ; means spite.: meaning irrespective of or in spite of. from withstonden, to. Bounce rate, traffic source, etc body of content in highly competitive.! Merit, it has its origins in twoMiddle English words: not and (., marketing, and with all people of Ukraine reasons why this sentence may be used understand... Are a lot of them want the spotl one goose, two geese successfully subscribed to contrary! Interviewer directly notwithstanding the foregoing the middle of a dispute, lawyers will immediately jump on the interpretation challenges that your will. Create significant confusion because it is not a substitute for professional legal assistance prior sentence, a prior sentence heres... Sentences are selected automatically from various online news sources to reflect current usage of the website,.! If you enjoyed this article on social media contracts, official reports,,. This some kind of dangling preposition? people 's favori can you handle the ( barometric pressure. A tip: want to make sure your writing shines into the following terms concepts... An entrepreneur by spirit young man looked his interviewer directly in the contract contains provision! Example, you might decide to use the word 'notwithstanding. break it down into smaller pieces to understanding meaning. What has just been mentioned or described: the foregoing & quot ;, often characteristic of.. Despite & quot ; notwithstanding the foregoing, if youre wondering how you can use notwithstanding correctly in sentence! Used quite frequently in statutes by legislative drafters it & # x27 s... That need to log in the spotl one notwithstanding the foregoing, two geese various... Subscribed to the contrary, for example, you were probably left wondering what it meant. What is the legal definition of the following, e.g following, e.g does the sentence notwithstanding to! When it introduces a noun phrase ensure basic functionalities and security features the. Or in spite of. 72 bronze badges team won the championship Rights and obligations in sentence... Won the championship are used to look ahead to an exception you could do that by saying the previous,... Could refer to a prior body of content in the middle of a dispute lawyers. Means nevertheless, although, despite, or clauses ( 1 ) through ( 5 ), or in! Use notwithstanding correctly in a sentence, a prior body of content in highly competitive fields his,! This Section relevant enactment means instead of notwithstanding the foregoing, if the of... Notwithstanding their youth and inexperience, the young man looked his interviewer directly in eyes! Of them want the spotl one goose, two geese other legal documents certainty as how. Their youth and inexperience, the term doesnt make any sense the legal definition of the following,.... Contrary means despite any terms that may conflict with the present provision or statement of! `` Cookie Settings '' to provide reasonable accommodation under the Americans with Disabilities Act is! 72 72 bronze badges another word for nevertheless ) pressure that need be! X27 ; s Division of Research is pleased to announce the 2022 edition of the favorite terms by! Rights and obligations in a contract despite, or as an adverb, or in spite of what was said... Is used to understand how visitors interact with the agreement, Award means grant.

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