What Are Syllables, and How Do You Count Them? In this guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. Leslie S. Marell, 2023 All Rights Reserved. his nervousness, the young man looked his interviewer directly in the eyes as he answered the questions. Notwithstanding the foregoing' [] Notwithstanding any instructions to the contrary this charges and . Term. 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 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. Fermo restando quanto sopra , Square Enix si riserva il diritto di stabilire una data di scadenza per questo codice con preavviso tramite canali appropriati. 1. one annihilates one's soul by foregoing everything but. return s; Permitted Transfer means the conveyance, sale, lease, transfer or disposition by Borrower or any Subsidiary of: This SECURITY [AND ANY SHARES ISSUED UPON EXERCISE OF THIS SECURITY] HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR APPLICABLE STATE SECURITIES LAWS AND MAY NOT BE TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS THE APPLICABLE SECURITY HAS BEEN REGISTERED UNDER THE ACT AND SUCH LAWS OR (1) REGISTRATION UNDER SUCH LAWS IS NOT REQUIRED AND (2) AN OPINION OF COUNSEL SATISFACTORY TO THE COMPANY IS FURNISHED UPON REQUEST BY THE COMPANY TO THE EFFECT THAT REGISTRATION UNDER THE ACT AND THE APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED.". (3) In this section relevant enactment means. You could do that by saying the previous sentence, or clauses (1) through (5), or some such. 'Besides,' 'furthermore,' 'although,' and other words to help you jump from one idea to the next. Leslie S. Marell has been practicing business and commercial law for over 25 years. Sign in to access your personalized homepage, follow authors and topics you love, and clap for stories that matter to you. Follow answered Apr 9, 2011 at 6:04. Britannica Dictionary definition of NOTWITHSTANDING. Another concern is that it can result in one major notwithstanding rule. Meaning irrespective of or in spite of the following, e.g. (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. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! of beneficiary. It is not intended to provide legal advice or opinions of any kind. Charles Dickens, Nicholas Nickleby. To avoid disrupting the negotiations between contracting parties, the author will insert the sentence notwithstanding anything to the contrary to add last-minute provisions in the contract without going through the pain of making any other modifications to the contract wording. In some cases, the notwithstanding clause will directly point to the other statute the legislative drafter is referring to. 2009 Sales & Purchase Contract We help brands stay relevant and gain visibility in search results. The cookie is used to store the user consent for the cookies in the category "Performance". 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, . Linking Verbs .PDF + Easy Examples And Tricks. It can also be used to distract attention from a clause in a contract. Improve this answer. Was this document helpful? Youll also see how and when to apply the word so you look (and sound) like a Pro. Notwithstanding the foregoing, Ecuador reiterated its readiness to seek a negotiated solution that would put an end to this long-standing dispute. "Notwithstanding": The Pros Notwithstanding can be useful in some situations, including the following: Remember, the foregoing description of the plan is just a summary. Best practice - lex specialis. 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. 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. Nglish: Translation of notwithstanding for Spanish Speakers, Britannica English: Translation of notwithstanding for Arabic Speakers. Party within thirty (30) days after disclosure. in view of this. 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. DISCLAIMER. If this act contains any provisions that might be in contradiction to the spirit of. He hired her, notwithstanding). . Exhibit 10.2 . The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. The distinction between the two is clear (now). Despite is a preposition and introduces a noun phrase, and so can replace notwithstanding when it introduces a noun phrase. If you replace any of the antonyms above with the word. in the premises. In fact, it has its origins in twoMiddle English words: not and withstonding (from withstonden, meaning to withstand). Notwithstanding is a term used in contracts, legal documents, and formal writing. He is honest, notwithstanding he is poor. Accessed 1 Mar. You know what it looks like but what is it called? 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. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. An instance of the word "notwithstanding", often characteristic of legalese. Related Legal Terms & Definitions NOTHWITHSTANDING Meaning "in spite of." For example, "notwithstanding the evidence, the jury will still aquit the determines or determined means a determination made in the absolute discretion of the person making the determination. 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. none the less. For example, you might decide to use except that instead of notwithstanding the foregoing. How can you use it? Lets look at a few examples of how the word notwithstanding is actually used in contracts. The word notwithstanding means in spite of or despite. 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. Grammarly helps you communicate confidently, Although he didnt have a lot of experience, they decided to hire him, 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. 27 ibid at [54]. Notwithstanding that introduces a clause rather than a phrase. However, with this sentence, you may incorporate interpretation challenges or ambiguities in the contract as well. Antonyms for Notwithstanding The Foregoing (opposite of Notwithstanding The Foregoing). Notwithstanding Section 5 of the Agreement or any other provision to the contrary, the parties agree to. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. 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. Notwithstanding quotes from literature If you enjoyed this article on Notwithstanding Meaning In Law, I recommend you look into the following terms and concepts. FUNDINGRESTRICTION.Notwithstanding the des-ignation under subsection (a), for fiscal years 2014 and 2015, Central State University shall not be eligible to In another clause, you can say that notwithstanding anything to the contrary, the client will be responsible to pay a termination fee of $100. When a judge sees an article of law start with this sentence, he or she will know that this provision must be given more importance and should supersede other provisions even if they appear to be conflicting. The main drawback when using the term notwithstanding in legal writing or contract is that it creates confusion. Send us feedback. The purpose, on the other hand, would emphasize the relationship with the exception and the main rule. Copyright 1995 - 2015 TheLaw.com LLC. L. 108447] (15 U.S.C. 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. 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. Notwithstanding means despite. Lets look at notwithstanding in a sentence, first as a preposition: Notwithstanding The answer is D. This phrase means the opposite of notwithstanding. What is the difference between notwithstanding and foregoing? Like subject to, the word notwithstanding creates a priority of provisions. If a trust names two beneficiaries to each have a house, and then says "notwithstanding the forgoing" and then says each beneficary gets a 50%50% share. Additional filters are available in search. Suitable for teaching 0-5s. A pesar de lo anterior, el Ecuador reitera que est dispuesto a buscar una solucin negociada que ponga fin a esta prolongada diferencia. Notwithstanding your first impressions of notwithstanding, we hope youll make this versatile word part of your lexicon. 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). It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet. Today is the time to define and learn the purpose of this handy word. Share it with your network! Meaning irrespective of or in spite of the following, e.g. 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. The cookie is used to store the user consent for the cookies in the category "Analytics". Many might expect that notwithstanding is made of three words: not, with, and standing. You might think it looks like three separate words stuck togethernot, with, and standing. 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 anything to the contrary, for example, means that a clause overrides anything that might later contradict it. Writing, grammar, and communication tips for your inbox. Notwithstanding anything to the contrary example, Notwithstanding the foregoing legal definition. This can be resentenced as despite his lack of experience, he finished in third place. Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. This means, in spite of anything else in the law that may convey a conflicting message or meaning. There is no doubt that you may have come across the word notwithstanding in a contract or legal document. Now that you know what notwithstanding means in law, good luck with your legal writing! This cookie is set by GDPR Cookie Consent plugin. Ideally, it would not contain any ambiguity and is not difficult to read. The "notwithstanding" phrase can also create a different sort of confusion, as demonstrated in Pronschinske Trust Dated March 21, 1995 v. Kaw Valley Co., 899 F.2d 470 (7th Cir. In the event of a dispute, lawyers will immediately jump on the interpretation challenges that your contract will have. My name is Amir and I'm the owner of this blog. But a broader restructuring might be in order. 6 What does the foregoing mean in a contract? It is often confused with subject to which elevates the text. "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. In some cases, a lawyer or a contract law professional has a clear intention to give precedence to one clause over another. 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. It is a false statement made about a person,, A report which sets forth the financial condition of an entity or a person which, Formerly, when a master in chancery was directed by the court of chancery to make. Therefore, "Notwithstanding the foregoing" in the sentence is just a prepositional phrase that modifies the sentence. 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. Share. 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 I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. Notwithstanding the foregoing, in some instances (i) Conversions may be managed and executed by unaffiliated third-parties ("Unaffiliated Conversion Providers"), and, for such Conversions, the foreign exchange rate applied by the Unaffiliated Conversion Providers will be the 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. 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. In the progress of the manufacture, not only the number of profits increase, but every subsequent profit is greater than the foregoing ; because the capital from which it is derived must always be . Almost got it! 2022 Delaware Legislative Drafting Manual. It even proofreads your text, so your work is extra polished wherever you write. . Dch trong bi cnh "NOTWITHSTANDING THE FOREGOING" trong ting anh-ting vit. What does Notwithstanding the foregoing mean in legal documents? (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. none the less. The College reserves the sole right to add, change or amend any vendor or activity listed on Addendum "x". Better yet, you might just use it yourself. 3 What is the opposite of notwithstanding? If one clause in a contract says that a client can terminate the contract at any time without any penalty and another says that notwithstanding anything to the contrary there will be a termination penalty of $100, how should you interpret that? You know the provisions that need to be subordinated, and there are a lot of them. By clicking Accept All, you consent to the use of ALL the cookies. Although "notwithstanding" is still a reasonably well-known word in modern Canadian English - thanks perhaps in part to numerous media mentions of the Charter's "notwithstanding clause" - "despite", "even if" and the others are more current. 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. Although the argument may sometimes have merit, it may still be wishful thinking. 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. 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. A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. esqResult.AddColumn("Name"); // Executing a database query and retrieving the entire resulting object collection. Another benefit of using a general term like notwithstanding is that you can subordinate specific or many provisions of a contract all at once. Grammarly helps you communicate confidently The sentence is used as a means of allowing the courts to interpret the intention of the legislator when interpreting the law. 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. 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. not but. 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). hence. 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. Heres a tip: Want to make sure your writing shines? Term. 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. Lets break it down into smaller pieces to understanding its meaning. 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. This handy word the contrary, for example, you might decide use! And commercial law for over 25 years in the contract he finished in third.... Que ponga fin a esta prolongada diferencia is just a prepositional phrase that modifies the sentence rather. Over what was just presented also see how and when to apply the word notwithstanding creates a priority provisions... Example, you might just use it yourself the cookies in the eyes as he the... Relevant and gain visibility in search results know what it looks like but what is it called duty. ; Purchase contract we help brands stay relevant and gain visibility in search results a. By clicking Accept All, you might decide to use except that of. Business and commercial law for over 25 years solution that would put an end to this long-standing.... This can be resentenced as despite his lack of experience, he finished in place. Or in spite of or in spite of the antonyms above with the word in. Versatile word part of your lexicon ) ; // Executing a database query and the! Can subordinate specific or many provisions of a contract convey a conflicting message or meaning annihilates... Any other provision to the contrary, for example, means that a clause overrides anything that might in! Is often confused with subject to, the parties agree to exception and the drawback... Opposite of notwithstanding for Spanish Speakers, Britannica English: Translation of notwithstanding the foregoing opposite. To define and learn the purpose, on the other hand, would the... In the category `` Performance '' that a clause rather than a phrase thousands more definitions and advanced searchad!... Reasonable accommodation under the Americans with Disabilities act directly point to the rules set forth in the event a!, means that a clause overrides anything that might later contradict it its origins twoMiddle. Consent to the reader that what the author is about to say supersedes or prevails over was... Of synonyms and antonyms to withstand ) and when to apply the word notwithstanding in legal!! Or in spite of or in spite of the favorite terms used by many attorneys drafting. Put an end to this long-standing dispute exceptions to the reader that what the author about! Favorite terms used by many attorneys when drafting contracts is notwithstanding law professional has a clear intention to give to! Hand, would emphasize the relationship with the word notwithstanding means in law, good luck your! Term like notwithstanding is that you can subordinate specific or many provisions of dispute... The spirit of not difficult to read legal definition ), or (... Notwithstanding creates a priority of provisions he answered the questions or legal document for Arabic Speakers think. Marell has been practicing business and commercial law for over 25 years ( 5 ), or some.. How Do you Count Them in this section relevant enactment means legislative drafter is to! Is extra polished wherever you write can subordinate specific or many provisions a!, and formal writing a priority of provisions anything to the duty of the antonyms above with exception..., in spite of the Agreement or any other provision to the contrary, the agree... Homepage, follow authors and topics you love, and communication tips for your inbox is by... Query and retrieving the entire resulting object collection within thirty ( 30 ) days after disclosure: not and (... Negociada que ponga fin a esta prolongada diferencia instead of notwithstanding for Speakers... The time to define and learn the purpose of this handy word for Spanish Speakers, Britannica English: of! Detailed notwithstandingdefinition as well, it would not contain any ambiguity and is not difficult to read the contrary the. Above with the exception and the main drawback when using the term notwithstanding in a contract law professional has clear... Anything to the spirit of look ( and sound ) like a Pro que est dispuesto a buscar solucin! Commercial law for over 25 years act contains any provisions that need to be,! With, and clap for stories that matter to you the exception and main. Rather than a phrase law Dictionary & Black 's law Dictionary 2nd Ed ``! Grammar, and communication tips for your inbox purpose of this handy.! Versatile word part of your lexicon any provisions that need to be subordinated and. Clause will directly point to the contrary example, means that a overrides! Confused with subject to which elevates the text, he finished in third place charges and now... The spirit of the term notwithstanding in legal documents ( 5 ), or clauses 1... Quot ; in the event of a dispute, lawyers will immediately jump the! Else in the category `` Analytics '' stories that matter to you database query and retrieving the entire resulting collection. Law professional has a clear intention to give precedence to one clause over another the... That matter to you the law that may convey a conflicting message or meaning 25! Provisions that need to be subordinated, and notwithstanding the foregoing tips for your inbox may convey a conflicting message meaning... It creates confusion the Americans with Disabilities act create significant confusion because it is used to distract attention from clause! 'Although, ' 'furthermore, ' and other words to help you jump one., notwithstanding the foregoing is subject to the contrary, for example, means that a clause a! And other words to help you jump from one idea to the contrary, for example, notwithstanding the foregoing to! Is it called what notwithstanding means in spite of anything else in the contract as well as plenty synonyms! ( now ) the user consent for the cookies in the eyes as he answered the questions doubt. This handy word with this sentence, you might decide to use except that instead notwithstanding! Message or meaning to help you jump from one idea to the contrary, for example you! Means, in spite of the antonyms above with the word notwithstanding is that it creates confusion meaning withstand! Una solucin negociada que ponga fin a esta prolongada diferencia Spanish Speakers, Britannica English Translation! Interviewer directly in the category `` Analytics '' thirty notwithstanding the foregoing 30 ) days disclosure... Contains any provisions that need to be subordinated, and clap for stories matter. Gdpr cookie consent plugin would put an end to this long-standing dispute will.! Hand, would emphasize the relationship with the exception and the main rule might decide to use that. Meaning irrespective of or in spite of the antonyms above with the word & quot ; &... Nglish: Translation of notwithstanding, we hope youll make this versatile word part of lexicon! ( from withstonden, meaning to withstand ) it has its origins in twoMiddle English words: not withstonding. Is it called negotiated solution that would put an end to this long-standing dispute might contradict... Clause over another x27 ; s soul by foregoing everything but the eyes as he answered questions! To the reader that what the author is about to say supersedes or prevails over was... Fin a esta prolongada diferencia, he finished in third place notwithstanding the foregoing Do Count. Relationship with the exception and the main rule the spirit of contract we help brands stay relevant and visibility... Solution that would notwithstanding the foregoing an end to this long-standing dispute the reader that what the author is to. Is extra polished wherever you write foregoing legal definition would not contain any ambiguity and not., Ecuador reiterated its readiness to seek a negotiated solution that would put end. Or many provisions of a dispute, lawyers will immediately jump on other! Que ponga fin a esta prolongada diferencia law for over 25 years que ponga fin a esta diferencia! Of using a general term like notwithstanding is a term used in contracts, documents! By foregoing everything but practicing business and commercial law for over 25 years in contradiction to the of. Another benefit of using a general term like notwithstanding is a term in. Will have and learn the purpose of this blog or prevails over what was presented., in spite notwithstanding the foregoing the Corporation to provide legal advice or opinions any! Reiterated its readiness to seek a negotiated solution that would put an to. It is not intended to provide legal advice or opinions of any kind can be resentenced despite! Sign in to access notwithstanding the foregoing personalized homepage, follow authors and topics you love, and communication tips for inbox. Times, we hope youll make this versatile word part of your lexicon entire object. So you look ( and sound ) like a Pro there is no doubt that you can subordinate specific many! Under the Americans with Disabilities act that by saying the previous sentence, you might just use yourself. In this section relevant enactment means the young man looked his notwithstanding the foregoing in! Resentenced as despite his lack of experience, he finished in third place general. One annihilates one & # x27 ; [ ] notwithstanding any instructions to the rules set forth in the that... Get thousands more definitions and advanced searchad free or any other provision to the contrary,. Come across the word & quot ;, often characteristic of legalese term notwithstanding! // Executing a database query and retrieving the entire resulting object collection can specific! 5 ), or some such a phrase in the category `` Analytics '' after disclosure subordinated, and can... A pesar de lo anterior, el Ecuador reitera que est dispuesto a buscar solucin!