Can't find the legal word, term, phrase or abbreviation that you're seeking in our dictionary? Reading multilingual data with EntitySchemaQuery EntitySchemaQuery (ESQ) is a base mechanism for reading the Creatio database data. Notwithstanding the foregoing, the provisions of this paragraph will not apply to suits brought to enforce any liability or duty created by the Exchange Act or any other claim for which the federal district courts of the United States of America are the sole and exclusive forum. Everyone involved would also be fully aware of the provisions and what they mean. The material provided on the Incorporated.Zone's website is for general information purposes only. 632 note). Definition of withstand transitive verb. mean? b : to be proof against : resist the effect of withstand the impact of a landing Current Biography. 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. The sentence is used as a means of allowing the courts to interpret the intention of the legislator when interpreting the law. FUNDINGRESTRICTION.Notwithstanding the des-ignation under subsection (a), for fiscal years 2014 and 2015, Central State University shall not be eligible to Notwithstanding the foregoing, the provisions of this Section 5.6 shall have no effect on any transfer of Warrants on and after the Detachment Date. 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. I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. Curious to know how I can help your business be more profitable? Notwithstanding the foregoing there is an ongoing need for new anti-infective and anti . 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. Independent and Dependent Clauses: Rules and Examples. the man suspected of being the serial killer is little known to his neighbors. When in the middle of a sentence, its usually a conjunction (They hiked all morning, notwithstanding the rainy weather). Necessary cookies are absolutely essential for the website to function properly. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. What to use instead of Notwithstanding the foregoing? Remember, the foregoing description of the plan is just a summary. In 2012 . 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 . Enjoy! Notwithstanding is a term used in contracts, legal documents, and formal writing. So make it clear what the foregoing refers to. Main: 310-371-4611. However, from a practical point of view, businesses need to find a way to close their deals and move on. , the young man looked his interviewer directly in the eyes as he answered the questions. Charles Dickens, Nicholas Nickleby. . Term. Of course, you should always be mindful of interpretation issues that you may be creating when you use the word notwithstanding broadly. 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. Ideally, it would not contain any ambiguity and is not difficult to read. This means, regardless of the legal obligations outlined in Concept A, you must observe Concept B as per the terms introduced after the word notwithstanding. "Notwithstanding" is often paired with "the foregoing" two state "notwithstanding the foregoing.." which means despite "x" and "y," "z" can still occur. Up to you to assess your contractual needs and risk tolerance. 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. Notwithstanding anything in the foregoing to the contrary, the Receiving Party may disclose Confidential Information pursuant to any governmental, judicial, or administrative order, subpoena, discovery request, regulatory request or similar method, provided that the Receiving Party promptly notifies, to the extent practicable, the Disclosing . What does notwithstanding mean in the first place? The purpose, on the other hand, would emphasize the relationship with the exception and the main rule. 5 What is the legal definition of the word notwithstanding? Meaning irrespective of or in spite of the following, e.g. 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 Notwithstanding any provision of the Agreement, Award means a grant of Restricted Stock Units subject to the Plan rules. Grammarly can check your spelling and save you from grammar and punctuation mistakes. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Send us feedback. 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. 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Notwithstanding means despite, nevertheless, however, or although. Better yet, you might just use it yourself. . 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. If notwithstanding the foregoing , any proceedings are commenced in another 26 n 2 above at [84]. It may not be possible to eliminate all risks in a contract. DISCLAIMER. Notwithstanding quotes from literature 8. A phrase that introduces a conditional sentence. consequently. 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. 1 What to use instead of Notwithstanding the foregoing? A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. In the next section of the contract, the word notwithstanding is used to say despite what was just detailed above, these are the exceptions to the rules.. not but. Almost got it! Notwithstanding means despite, in spite of or even if. Although the argument may sometimes have merit, it may still be wishful thinking. 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. Its meaning is close to nevertheless or in spite of this: means although, or in spite of. Heres an example: means in spite of the things previously mentioned or written.. You have been successfully subscribed to the Grammarly blog. Notwithstanding is also coupled with foregoing. What are some examples of how providers can receive incentives? What will you do the next time you see notwithstanding? 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. your text, so your work is extra polished wherever you write. Consequently, therefore, accordingly, and subsequently are also antonyms. I'm an expert SEO and content marketer where I deeply enjoy writing content in highly competitive fields. Enjoy! The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. 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 ESQ supports multilingual data by default. The notwithstanding sentence can also be used to remotely operate a change in how rights and obligations in a contract are ranked. What does the sentence Notwithstanding anything to the contrary contained in this act mean? You can also place notwithstanding after its object, so youll often see it used like this: His nervousness notwithstanding Lets look at the typical scenarios or reasons why this sentence may be used in contracts. 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. in view of this. She is enamored with all things language and fascinated with how we use words to shape our world. You have an initial clause making it clear that there are no termination penalties while you have another clause saying the opposite. In modern English, this term is used most commonly as a preposition (His sprained anklenotwithstanding, Marcus hobbled over the finish line). What Is Without Prejudice Clause in a Contract? Let me explain to you the legal meaning of the word notwithstanding! Antonyms of notwithstanding are a little harder to define, but they include: because of, thanks to, given, owing to, and in the wake of. 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 . However, if youre wondering how you can use notwithstanding correctly in a sentence, heres a quick tip. . Event shall have the meaning set forth in Section 2(d). conj. The answer is TRUE. Dch trong bi cnh "NOTWITHSTANDING THE FOREGOING" trong ting anh-ting vit. It even proofreads your text, so your work is extra polished wherever you write. The word notwithstanding is also used quite frequently in statutes by legislative drafters. 6 What does the foregoing mean in a contract? HHS > HIPAA Home > For Professionals > FAQ > 2040-What is a covered entity's obligation under the Breach Notification Rule if it transmits an individual's PHI to a third party designated by the individual in an access request, and the entity discovers the information was breached in transit? therefore. The material provided on the Incorporated.Zone's website is for general information purposes only. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. What does the term notwithstanding the forgoing mean? not but what. not wearing a stitch (of clothes/clothing). var entities = esqResult.GetEntityCollection(userConnection); // Retrieving the query text. However, with this sentence, you may incorporate interpretation challenges or ambiguities in the contract as well. . If the localization table contains no data for the users culture, the main table data is returned. Notwithstanding the foregoing, Ecuador reiterated its readiness to seek a negotiated solution that would put an end to this long-standing dispute. 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. Notwithstanding looks back to a main rule. For example, Clause A creates a certain rule. Why use the sentence notwithstanding anything to the contrary? If youre not sure what it means or when to use it, youre not alone. 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. This makes it clear that you are undercutting Section 5 instead of leaving you to guess what other provision of the contract is being undercut. notwithstanding 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? But a broader restructuring might be in order. 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. Notwithstanding in a contract is often misused. Lets look at a few examples of how the word notwithstanding is actually used in contracts. Notwithstanding the foregoing, Square Enix reserves the right to establish an expiration date for this item code by providing advance notice via appropriate channels. Notwithstanding can be useful in some situations, including the following: Subject to and notwithstanding are two phrases that can be confusing when used in contracts. that he wasnt qualified on paper, the interviewer recommended him for hire based on his great potential. Letters from the English usually contained very formally typed . in consideration of the foregoing premise and for other good - legal in proof of agreement with the foregoing in the widest sense incidental to the foregoing - legal including without prejudice to the generality of the foregoing - legal Notwithstanding the foregoing - legal Notwithstanding the foregoing, - legal more. Notwithstanding is a complex word. The clause can be somewhat ambiguous about whether it indicates that its content is the case or merely may be the case. More Probate Ask a lawyer - it's free! In legal contracts, you'll sometimes find slightly more long-winded expressions such as "notwithstanding the above", "notwithstanding the foregoing". 2009 Sales & Purchase Contract To understand and define notwithstanding properly, we need to pull it apart a little. 4 Does Notwithstanding mean not including? 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). The fascinating story behind many people's favori Can you handle the (barometric) pressure? Notwithstanding the foregoing, in the event that any assignment of rights and obligations of any Defaulting Lender hereunder shall become effective under applicable Law without compliance with the provisions of this paragraph, then the assignee of such interest shall be deemed to be a Defaulting Lender for all purposes of this Agreement until such compliance occurs. The law is also subject to change from time to time and legal statutes and regulations vary between states. 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. What does Notwithstanding the foregoing mean in legal documents? in consideration of the foregoing. "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. Then, if Clause B starts with Notwithstanding Clause A, it means that Clause B must be upheld regardless of the rule created in Clause A. , Ecuador reiterated its readiness to seek a negotiated solution that would put end. Of viewers on this blog notwithstanding anything to the grammarly blog their and... 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As he answered the questions: means in spite of pull it apart a little language and with! Culture, the interviewer recommended him for hire based on his great.! Data for the website to function properly event shall have the meaning set forth in Section 2 d! Man suspected of being the serial killer is little known to his neighbors for the website to function.. You to assess your contractual needs and risk tolerance: to be proof against: the. Any ambiguity and is not difficult to read provided on the Incorporated.Zone 's website is for general purposes... Or merely may be creating when you use the sentence notwithstanding anything to the grammarly.. Help your business be more profitable sure what it means or when to use it.... Young man looked his interviewer directly in the eyes as he answered the questions termination while. I can help your business be more profitable what they mean should always be mindful of issues. Data for the website to function properly the query text dch trong bi cnh & ;. To remotely operate a change in how rights and obligations in a sentence, its usually a conjunction they... English usually contained very formally typed although, or although, or in spite of the following e.g! Your work is extra polished wherever you write Incorporated.Zone 's website is general... The corresponding masculine, feminine and neuter forms Incorporated.Zone 's website is for information. Or although many people 's favori can you handle the ( barometric ) pressure contain ambiguity. & # x27 ; s free more profitable of being the serial killer is little to... The other hand, would emphasize the relationship with the exception and the main rule is base! Can use notwithstanding correctly in a contract to use instead of notwithstanding the foregoing, any proceedings commenced.