It does not store any personal data. (3) In this section relevant enactment means. If youre not sure what it means or when to use it, youre not alone. Everyone involved would also be fully aware of the provisions and what they mean. 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). The cookie is used to store the user consent for the cookies in the category "Analytics". What is the meaning of notwithstanding the forgoing? Hello Nation! 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. Using the sentence notwithstanding any other provision to the contrary or notwithstanding other provisions herein can help you adjust certain contractual rights and obligations without altering other areas of the contract. Restricted Activity means directly or indirectly owning any interest in, managing, controlling, participating in, consulting with, rendering services for, or in any manner engaging in any business with any customer, supplier, competitor or other person having a business relation with the Company or any of its subsidiaries; provided however that the term "Restricted Activity" shall not include passive ownership of not more than 2% of the outstanding stock of any class of a corporation which is publicly traded, so long as Executive has no active participation in the business of that corporation. In other words, there should be no alternative to the sentence as it must not be used. In this guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. The answer is B. In essence, you are creating a subordination rule. If this act contains any provisions that might be in contradiction to the spirit of. 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. A common legal phrase is "notwithstandinganything to the contrary." 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. 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 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. 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. 19.4k 1 1 gold badge 39 39 silver badges 72 72 bronze badges. An instance of the word "notwithstanding", often characteristic of legalese. Better yet, you might just use it yourself. My name is Amir and I'm the owner of this blog. just the same. Notwithstanding their youth and inexperience, the team won the championship. Thats when the court may need to consider the literal interpretation of the contract along with the intention of the parties in case of interpretation challenges. Lets look at the typical scenarios or reasons why this sentence may be used in contracts. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! "Notwithstanding" is often paired with "the foregoing" two state "notwithstanding the foregoing.." which means despite "x" and "y," "z" can still occur. Share. In legal documents, notwithstanding is still another word for nevertheless. You are ensuring that Concept B is not affected, altered, or interpreted differently by Concept A. none the less. You know what it looks like but what is it called? However, if youre wondering how you can use notwithstanding correctly in a sentence, heres a quick tip. Send us feedback. Charles Dickens, Nicholas Nickleby. It is used as a preposition to show that a provision is followed by another provision. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. It warns you that an exception to everything is coming. Keep reading as we have gathered exactly the information that you need! 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. 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. (a) DEFINITION.In this section, the term covered base closure area' means a base closure area that, on or before the date of enactment of this Act [Jan. 2, 2013], was treated as a HUBZone for purposes of the Small Business Act (15 U.S.C. It is often confused with subject to which elevates the text. Notwithstanding anything to the contrary example, Notwithstanding the foregoing legal definition. 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 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 . What is the difference between notwithstanding and foregoing? 632 note). Subject to is used to look ahead to an exception. I specialize in law, business, marketing, and technology (and love it!). . By the time we are done, you will be able to use this sentence in the next contract youll negotiate! 28 A clause paramount is a clause commonly contained in a bill of lading for the purpose of incorporating particular legislative provisions (such as the UK Carriage of Goods by Sea Act 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. var s = esqResult.GetSelectQuery(userConnection).GetSqlText(); // Returning the result. I love you with all my heart. 1. one annihilates one's soul by foregoing everything but. Notwithstanding the foregoing. The word "foregoing" means what has come earlier. We also use third-party cookies that help us analyze and understand how you use this website. So make it clear what the foregoing refers to. Fermo restando quanto sopra , Square Enix si riserva il diritto di stabilire una data di scadenza per questo codice con preavviso tramite canali appropriati. Although the argument may sometimes have merit, it may still be wishful thinking. Write with Grammarly. 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. Suitable for teaching 0-5s. Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. Writing, grammar, and communication tips for your inbox. 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. Antonyms for Notwithstanding The Foregoing (opposite of Notwithstanding The Foregoing). Do you know how we use despite and in spite of? In some cases, the notwithstanding clause will directly point to the other statute the legislative drafter is referring to. If subject to were left out, the clause is still understandable. If notwithstanding the foregoing , any proceedings are commenced in another 26 n 2 above at [84]. Here is an example of the sentence notwithstanding anything to the contrary used in a contract: Party A hereby agrees to indemnify and hold Party B harmless from any liability or damages, Notwithstanding anything to the contrary contained herein, the parties agree that Party A shall not indemnify Party B for third party claims resulting from Party Bs acts or omissions. For instance, notwithstanding Concept A, Concept B is not but. Lets look at a few examples of how the word notwithstanding is actually used in contracts. 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 could do that by saying the previous sentence, or clauses (1) through (5), or some such. . Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. Legislative Council's Division of Research is pleased to announce the 2022 edition of the Delaware Legislative Drafting Manual. 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. pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. It is not intended to provide legal advice or opinions of any kind. Any reference to any agreement or document in this Article I or otherwise in this Fee Agreement shall include any and all amendments, supplements, addenda, and modifications to such agreement or document. He hired her, notwithstanding). 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. Your writing, at its best What are some notwithstanding anything to the contrary examples? We use them in sentences which have two parts, or clauses, to indicate a particular relationship between the two clauses. var entities = esqResult.GetEntityCollection(userConnection); // Retrieving the query text. Additional filters are available in search. correspondence charges relating to discrepancy(ies) shall be for the account . 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