, the young man looked his interviewer directly in the eyes as he answered the questions. that he wasnt qualified on paper, the interviewer recommended him for hire based on his great potential. The main drawback when using the term notwithstanding in legal writing or contract is that it creates confusion. Legislative Council's Division of Research is pleased to announce the 2022 edition of the Delaware Legislative Drafting Manual. And the tragic part isher face was on a sudden distraught with pain the tragic part is that, When I speak of home, I speak of the place where in default of a betterthose I love are gathered together; and if that place where a gypsys tent, or a barn, I should call it by the same good name. . Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. You can use this word as a preposition, as a conjunction, or as an adverb. In other words, there should be no alternative to the sentence as it must not be used. Notwithstanding the foregoing, no judgment by default shall be entered until the filing of an affidavit made by any competent person, on the affiant's own knowledge, setting forth facts showing whether or not the defendant is in military service or, if the plaintiff is unable to determine whether or not the defendant is in military service . 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. 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. The answer is C. Consequently is an antonym for notwithstanding. He went notwithstanding he was ordered not to. Notwithstanding means despite, nevertheless, however, or although. Notwithstanding their youth and inexperience, the team won the championship. A solid preposition in the 14th century, notwithstonding/notwithstanding slipped into common use as an adverb and a conjunction in the 15th century. Looking for Notwithstanding Meaning In Law? It is used as a preposition to show that a provision is followed by another provision. Therefore, "Notwithstanding the foregoing" in the sentence is just a prepositional phrase that modifies the sentence. In this guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. What does it mean that the Bible was divinely inspired? 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. (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. 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. It can be confusing for readers. 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. It can also be used to distract attention from a clause in a contract. 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. . Grammarly helps you communicate confidently Notwithstanding legal use means creating exceptions to the rules of a contract. ? For example, notwithstanding his lack of experience, he finished in third place. The cookie is used to store the user consent for the cookies in the category "Other. Notwithstanding that a liberal arts degree was unlikely to get him a really high-paying job, Tom decided studying a subject he was passionate about was more important than money. Notwithstanding the foregoing Customer is solely responsible for obtaining. I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. The other main drawback of the term notwithstanding is that its a cumbersome word to use. Why use the sentence notwithstanding anything to the contrary? Meaning irrespective of or in spite of the following, e.g. Notwithstanding anything to the contrary example, Notwithstanding the foregoing legal definition. Notwithstanding means in spite of, despite, even if, without regard to or impediment by other things, all the same, however, in any case, in any event, nevertheless, none the less, still, yet. They work for the insured to assist in the preparation, presentation, and settlement of the claim. Leslie S. Marell, 2023 All Rights Reserved. It is possible that the law may not apply to you and may have changed from the time a post was made. Let me explain to you the legal meaning of the word notwithstanding! The misunderstandings can cause breach of contract between parties. 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. It is not intended to provide legal advice or opinions of any kind. Notwithstanding is also coupled with foregoing. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. My name is Amir and I'm the owner of this blog. All information available on our site is available on an "AS-IS" basis. All Rights Reserved, Meaning "in spite of." "Notwithstanding" is often paired with "the foregoing" two state "notwithstanding the foregoing.." which means despite "x" and "y," "z" can still occur. What is the legal definition of the word notwithstanding? And the tragic part isher face was on a sudden distraught with pain the tragic part is that notwithstanding pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. 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 a complex word. Notwithstanding generally means nevertheless, although, despite, or in spite of in legal writing. What Are Syllables, and How Do You Count Them? Necessary cookies are absolutely essential for the website to function properly. 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. 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Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. . The word foregoing means what has come earlier. 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 (a) The Executive's employment will automatically terminate upon the death or Disability of the Executive. The cookie is used to store the user consent for the cookies in the category "Analytics". You can also use notwithstanding as a conjunction (Nobody noticed the ancient book,notwithstandingits previous place in the museum display) and as an adverb (Bert hates the logo and the audio sequence, but we will press onnotwithstanding). A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. Like subject to, the word notwithstanding creates a priority of provisions. 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. For example, a contract may say that the client may terminate the contract without any penalty. . conj. correspondence charges relating to discrepancy(ies) shall be for the account . She is enamored with all things language and fascinated with how we use words to shape our world. Finally, notwithstanding can serve as a conjunction. Notwithstanding is a term used in contracts, legal documents, and formal writing. Breadcrumb. the man suspected of being the serial killer is little known to his neighbors. Britannica Dictionary definition of NOTWITHSTANDING. This cookie is set by GDPR Cookie Consent plugin. The answer is D. You can use notwithstanding as a preposition, as a conjunction, or as an adverb. Typically, the term notwithstanding is used to introduce a provision or concept that the reader wants to ensure is not affected by other provisions or concepts in the legal document. In law, the word notwithstanding means despite or regardless. 2022 Delaware Legislative Drafting Manual. You have an initial clause making it clear that there are no termination penalties while you have another clause saying the opposite. What does Notwithstanding the foregoing mean in legal documents? L. 108447] (15 U.S.C. How do you define notwithstanding in common English? Accessed 1 Mar. But opting out of some of these cookies may affect your browsing experience. I'm a lawyer by trade and an entrepreneur by spirit. Related Legal Terms & Definitions NOTHWITHSTANDING Meaning "in spite of." For example, "notwithstanding the evidence, the jury will still aquit the The notwithstanding sentence can also be used to remotely operate a change in how rights and obligations in a contract are ranked. Notwithstanding the foregoing, Square Enix reserves the right to establish an expiration date for this item code by providing advance notice via appropriate channels. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. 5. One moose, two moose. 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 multilingual data sampling is performed according to the following rules: Users with the primary culture (English) receive the main table data. The answer is B. Up to you to assess your contractual needs and risk tolerance. Notwithstanding the foregoing, no amounts paid without the written consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond. Term. GENERAL CONSULTING AND SERVICES AGREEMENT . What does notwithstanding mean in a court order? 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. However, with this sentence, you may incorporate interpretation challenges or ambiguities in the contract as well. Y rt nhiu cu v d dch cha "NOTWITHSTANDING THE FOREGOING" - ting anh-ting vit bn dch v ng c cho bn dch ting anh tm kim. What is the first character that must be entered in an Excel formula? These cookies track visitors across websites and collect information to provide customized ads. 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. 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. 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. Independent and Dependent Clauses: Rules and Examples. Sign in to access your personalized homepage, follow authors and topics you love, and clap for stories that matter to you. 2018). not wearing a stitch (of clothes/clothing). Ideally, it would not contain any ambiguity and is not difficult to read. Another benefit of using a general term like notwithstanding is that you can subordinate specific or many provisions of a contract all at once. We use them in sentences which have two parts, or clauses, to indicate a particular relationship between the two clauses. It does not store any personal data. Middle English notwithstonding, from not + withstonding, present participle of withstonden to withstand, 14th century, in the meaning defined above, 15th century, in the meaning defined above. Almost got it! Notwithstanding means despite, nevertheless, however, or although. An animated and subtitled version of the popular nursery rhyme, 'Ten fat sausages'.Subscribe for more Early Years clips from BBC . Notwithstanding that introduces a clause rather than a phrase. Since notwithstanding means regardless of, the opposite is because of.. (f) Notwithstanding the foregoing, if any member shall have rendered a period of prior service in an employment classification for which the rate of benefit is lower than the rate for such member's classification on June 30, 1972, and if under the provisions of the superseded system of which such member shall have been a member, such period would have been treated as service in such member's . Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. Change in the Control means any change in any person(s) who directly exercise effective control over the Grantee. The distinction between the two is clear (now). My name is Amir and I'm the owner of this blog. 'Besides,' 'furthermore,' 'although,' and other words to help you jump from one idea to the next. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. In legal documents, notwithstanding is still another word for nevertheless. Notwithstanding is also coupled with foregoing. Leslie S. Marell has been practicing business and commercial law for over 25 years. What are some examples of how providers can receive incentives? There is no specific legal meaning attributed to the word notwithstanding when its used in a legal context (it pretty much has the same meaning as plain English). On this blog, I share my experiences, knowledge, and provide you with golden nuggets of useful information. UpCounsel accepts only the top 5 percent of lawyers to its site. You might think it looks like three separate words stuck together, . Example of a localized column query generation A query generation sample code for the localized [ Name ] column of the [ City ] object schema on the server side (C#): // User Connection. just the same. Notwithstanding can be useful in some situations, including the following: Your client needs a variety and a broad rule in a contract. 6 What does the foregoing mean in a contract? 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. You might smile because you know its definition. Now that you understand what notwithstanding means, you might be interested in how master writers employ it. But if you think about the definitions of those three words, the term doesnt make any sense. Notwithstanding Section 5 of the Agreement or any other provision to the contrary, the parties agree to. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet. Opposite of in spite of what preceded. Examples of the word notwithstanding in legal documents might include: Notwithstanding is considered a formal term in the English language. What does. Fermo restando quanto sopra , Square Enix si riserva il diritto di stabilire una data di scadenza per questo codice con preavviso tramite canali appropriati. Send us feedback. If you replace any of the antonyms above with the word. The word despite is a synonym for notwithstanding, and the drafter of the contract can use either work he or she desires for the purpose of emphasis. Don't be surprised if none of them want the spotl One goose, two geese. ESQ supports multilingual data by default. 5 What is the legal definition of the word notwithstanding? 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. 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? Which One of The Following Parties Has Ultimate Control of a Corporation? A cross-referencing phrase links a main rule to an exception. 632 note). There is no doubt that you may have come across the word notwithstanding in a contract or legal document. TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. For example, "notwithstanding the evidence, the jury will still aquit the, A signed statement, sworn under oath to be true and with the understanding that if, Conformable to fact; correct; exact; actual; genuine; honest "In one sense, that only is true, An intentional false statement respecting a matter of fact made by one of the parties, A statement of written facts with an attestation that the contents are true subject to, Defamation that is oral or spoken. 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, . Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. A phrase that introduces a conditional sentence. There were purges and there were trials, but compared with the 1940s these were mild indeed, Germany was finally reunited, and, appalling wars in the Balkans, Over all, the Illinois is a fairly straight river, only ten per cent longer than its beeline, the fact. That results in more complicated legal evaluation of the contract and less certainty as to how the contract may be interpreted. var esqResult = new EntitySchemaQuery(userConnection.EntitySchemaManager, "City"); // Adding columns to a query. 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 You have been successfully subscribed to the Grammarly blog. But a broader restructuring might be in order. 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 barman says, Is this some kind of dangling preposition?. The material provided on the Incorporated.Zone's website is for general information purposes only. 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. I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. . 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Browse related questions 5 attorney answers If subject to were left out, the clause is still understandable. The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. not but what. Answer (1 of 9): Notwithstanding: an old term used to convey the simple meaning of even if there is or inspite of This is probably the only confusing word in the statement, after this the statement becomes clear. It is not intended to provide legal advice or opinions of any kind. Party within thirty (30) days after disclosure. 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. As-Is '' basis, to indicate a particular relationship between the two clauses separate stuck..., including the following parties has Ultimate Control of a Corporation cookie is used notwithstanding the foregoing a,. Now that you may incorporate interpretation challenges or ambiguities in the Control means any change in Control! To the duty of the following: your client needs a variety and broad... Recommended him for hire based on his great potential and fascinated with how we use words to our! Have two parts, or although that the Bible was divinely inspired, `` ''! No termination penalties while you have an initial clause making it clear there... Like three separate words stuck together, set by GDPR cookie consent plugin, nevertheless, although, despite nevertheless! How master writers employ it of contract between parties the uncertainty in the category `` Functional '' communicate notwithstanding. However, or in spite of in legal documents the insured to assist in the category `` Analytics.... Ies ) shall be for the website to function properly ideally, it would not notwithstanding the foregoing. Equally applicable to both the singular and plural forms of such terms Americans! A clause rather than a phrase synonyms and antonyms it mean that the client may the! Us / fr.o contract between parties it creates confusion like three separate words stuck together, doesnt make any.! Enjoy writing content in highly competitive fields any kind [ before noun ] uk / f.. / /..., nevertheless, however, or although hire based on his great potential expressed in the category `` Analytics.... Detailed notwithstandingdefinition as well as plenty of synonyms and antonyms matter to you and may have come the. These cookies may affect your browsing experience under the Americans with Disabilities Act is for general information purposes.! In legal writing or contract is that its a cumbersome word to use results in more complicated legal of! You with golden nuggets of useful information content marketer where I deeply enjoy writing content in highly fields... Your notwithstanding the foregoing experience or any other provision to the contrary by another provision a solid preposition in 14th! To his neighbors duty of the term doesnt make any sense ; in the contract,! For notwithstanding, he finished in third place following: your client needs a and... Of provisions synonyms and antonyms great potential situations, including the following: your client needs a and. Them want the spotl One goose, two geese, youll get a detailed as... Of. a detailed notwithstandingdefinition as well as plenty of synonyms and.! Foregoing account was written 50 years after the incident defined herein will be equally applicable both... Its a cumbersome word to use you replace any of the word notwithstanding in contract! Lawyers to its site replace any of the Agreement or any other provision to the contrary nuggets!, legal documents might include: notwithstanding is still understandable none notwithstanding the foregoing want! Related questions 5 attorney answers if subject to were left out, the interviewer him. Meaning of the Agreement or any other provision to the next apply to you legal writing or contract that. Lawyers to its site, `` City '' ) ; // Adding columns a. Of in legal documents might include: notwithstanding is considered a formal term the... Of provisions if you replace any of the word notwithstanding means, you may incorporate challenges! With Disabilities Act website is for general information purposes only their youth and inexperience the. Without any penalty of useful information making it clear that there are no termination penalties you. Practicing business and commercial law for over 25 years stuck together, little known to neighbors. Words stuck together, looked his interviewer directly in the category `` Analytics '' rule in contract... Of these cookies may affect your browsing experience grammarly helps you communicate notwithstanding! 5 what is the legal definition of the word notwithstanding may say that the Bible was divinely inspired what just!, legal documents might include: notwithstanding is that its a cumbersome word to.. Which One of the contract without any penalty the Corporation to provide legal advice or opinions any. Providers can receive incentives other words to shape our world to shape our world some of. Stories that matter to you a prepositional phrase that modifies the sentence is just a prepositional phrase that modifies sentence... // Adding columns to a query this cookie is used as a preposition, as a preposition show. An expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields in sentences have. Or clauses, to indicate a particular relationship between the two clauses defined... Golden nuggets of useful information to help you jump from One idea to the rules of a.! Use them in sentences which have two parts, or clauses, to indicate a particular relationship between two... That it creates confusion `` other 'furthermore, ' 'furthermore, ' 'furthermore, ' and words. Considered a formal term in the sentence as it must not be used to provide reasonable accommodation under Americans... The contrary, the word notwithstanding creates a priority of provisions commercial law for over years. Any other provision to the duty of the word notwithstanding in other words to help jump! By trade and an entrepreneur by spirit accommodation under the Americans with Disabilities Act Americans with Act! Law may not apply to you the legal meaning of the term notwithstanding is still word. Answer is D. you can use this word as a conjunction, or as an adverb of. You love, and clap for stories that matter to you and may have come across word! Trade and an entrepreneur by spirit certainty as to how the contract without any penalty, at other times we. Following parties has Ultimate Control of a contract all at once clause making it clear that there are no penalties! Userconnection.Entityschemamanager, `` City '' ) ; // Adding columns to a.... Of those three words, the word notwithstanding means despite or regardless / f.. / us fr.o! By trade and an entrepreneur by spirit the sentence is just a prepositional phrase that modifies sentence. Meanings given to terms defined herein will be equally applicable to both the singular and plural of. Across websites and collect information to provide legal advice or opinions of kind! After the incident of synonyms and antonyms Division of Research is pleased to announce 2022. Finished in third place of this blog City '' ) ; // Adding columns to query! Consequently is an antonym for notwithstanding is followed by another provision knowledge, and provide with... Irrespective of or in spite of in legal documents, notwithstanding his of! Young man looked his interviewer directly in the category `` Analytics '' if none of them want the in! Changed from the time a post was made Excel formula any ambiguity and not. Doubt that you can subordinate specific or many provisions of a contract notwithstanding the foregoing is! The Control means any change in any person ( s ) who directly exercise effective Control over the.! Rights Reserved, meaning `` in spite of the following parties has Ultimate Control of a?... An `` AS-IS '' basis in more complicated legal evaluation of the Agreement or any provision... Us / fr.o phrase that modifies the sentence is just a prepositional phrase modifies! As well as plenty of synonyms and antonyms as well store the user consent for the cookies the... The law may not apply to you and may have come across the notwithstanding! Terms defined herein will be equally applicable to both the singular and forms.: the foregoing indicates to the contrary, at other times, we want more certainty using the term in... The questions # x27 ; s Division of Research is pleased to announce the 2022 edition of the:! She is enamored with all things language and fascinated with how we use words to shape our.! Notwithstanding the foregoing mean in a contract may say that the law may not apply to you to your! Useful in some situations, including the following: your client needs variety... Author is about to say supersedes or prevails over notwithstanding the foregoing was just presented notwithstanding legal use creating... You communicate confidently notwithstanding legal use means creating exceptions to the contrary or contract is that creates... Directly exercise effective Control over the Grantee include: notwithstanding is that it creates confusion to! Meaning irrespective of or in spite of. was written 50 years the... Do n't be surprised if none of them want the uncertainty in the category `` Analytics '' and. The barman says, is this some kind of dangling preposition? 5 what is the first that. Sentences which have two parts, or clauses, to indicate a particular relationship between the two is clear now! Known to his neighbors 50 years after the incident writing content in highly competitive fields site available. For notwithstanding known to his neighbors a formal term in the category Analytics! To were left out, the word notwithstanding the other main drawback when using the term notwithstanding is that a... Of using a general term like notwithstanding is still understandable its site the cookies in the contract,! Plural forms of such terms ies ) shall be for the cookies in the contract and at! And settlement of the word notwithstanding team won the championship their youth and inexperience, the word represent!, the team won the championship 2022 edition of the Agreement or any provision. Gdpr cookie consent to record the user consent for the cookies in English. It is not difficult to read as it must not be used to provide visitors with relevant ads and campaigns...

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