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. None means there were not enough English language learners to meet the minimum n-size requirement. 1 What to use instead of Notwithstanding the foregoing? It even proofreads your text, so your work is extra polished wherever you write. 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. Notwithstanding the foregoing is an expression that means "despite what has been said previously." It can be used to emphasize a point that is contrary to what has been said before, or to introduce a new point that is more important than the points that have been made previously. When you say notwithstanding any other provision in the agreement, to which provision are you referring to? We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Pick Bryant lay with his head on the table, foregoing lunch for sleep, 3. Leslie S. Marell, 2023 All Rights Reserved. You might think it looks like three separate words stuck togethernot, with, and standing. A common legal phrase is "notwithstandinganything to the contrary." Antonyms include because of, given, consequently, and accordingly. Notwithstanding can be useful in some situations, including the following: Your client needs a variety and a broad rule in a contract. Not and Withstanding stumble into a bar and flop dramatically over the counter. An instance of the word "notwithstanding", often characteristic of legalese. This cookie is set by GDPR Cookie Consent plugin. Browse related questions 5 attorney answers Best practice - lex specialis. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. 2. Notwithstanding the foregoing, information that is disclosed hereunder shall be considered "Confidential Information" if the nature of the information or the circumstances surrounding its disclosure would lead a reasonable person in the relevant L. 108447] (15 U.S.C. I love you with all my heart. What to use instead of Notwithstanding the foregoing? 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 does it mean that the Bible was divinely inspired? Better yet, you might just use it yourself. Notwithstanding is a complex word. Despite is a preposition and introduces a noun phrase, and so can replace notwithstanding when it introduces a noun phrase. Notwithstanding the foregoing' [] Notwithstanding any instructions to the contrary this charges and . If the localization table contains no data for the users culture, the main table data is returned. However, with this sentence, you may incorporate interpretation challenges or ambiguities in the contract as well. Want High Quality, Transparent, and Affordable Legal Services? Some may say that lawyers should not draft a contract using a notwithstanding sentence. 632 note). 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. Examples of the word notwithstanding in legal documents might include: Notwithstanding is considered a formal term in the English language. Except as otherwise expressly provided herein, all references to dollars or $ will be deemed references to the lawful money of the United States of America. 27 ibid at [54]. conj. What does notwithstanding mean in the first place? Let me explain to you the legal meaning of the word notwithstanding! 8. Notwithstanding can also function as an adverb. 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 . Notwithstanding looks back to a main rule. We will look at notwithstanding meaning in law, look at variations of the sentence notwithstanding anything to the contrary, assess its legal impact, legal challenges, examples and more. 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. Liquidated Damages (a) The Executive's employment will automatically terminate upon the death or Disability of the Executive. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Foregoing means "that which came before." The foregoing could refer to a prior . Let us provide your company the advice and guidance you need. Additional filters are available in search. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! In legal documents, notwithstanding is still another word for nevertheless. Consider not using notwithstanding. You can also place notwithstanding after its object, so youll often see it used like this: His nervousness notwithstanding When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. All Rights Reserved, Meaning "in spite of." In essence, you are creating a subordination rule. "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. "Notwithstanding" is often paired with "the foregoing" two state "notwithstanding the foregoing.." which means despite "x" and "y," "z" can still occur. conj. Permitted Transfers means (a) Dispositions of inventory in the ordinary course of business; (b) Dispositions of property to the Borrower or any Subsidiary; provided, that if the transferor of such property is a Loan Party then the transferee thereof must be a Loan Party; (c) Dispositions of accounts receivable in connection with the collection or compromise thereof; (d) licenses, sublicenses, leases or subleases granted to others not interfering in any material respect with the business of the Borrower and its Subsidiaries; and (e) the sale or disposition of Cash Equivalents for fair market value. Looking for Notwithstanding Meaning In Law? 21250 Hawthorne Blvd.Suite 850 If you have read a contract that is filled with fanciful legal jargon, you were probably left wondering what it all meant. What does the foregoing mean in a contract? This cookie is set by GDPR Cookie Consent plugin. The barman says, Is this some kind of dangling preposition?. So make it clear what the foregoing refers to. What does the sentence notwithstanding anything to the contrary mean? 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. 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? not but. In another clause, you can say that notwithstanding anything to the contrary, the client will be responsible to pay a termination fee of $100. Notwithstanding the foregoing, this grant of exclusivity shall not apply to those vendors or activities listed or described in Addendum "x". 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? I'm a lawyer by trade and an entrepreneur by spirit. The Award shall also be eligible for accelerated vesting as provided in Section 10 of the Plan. The law is also subject to change from time to time and legal statutes and regulations vary between states. What does. 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. How do you define notwithstanding in common English? In law, the word notwithstanding means "despite" or "regardless". Who wrote the music and lyrics for Kinky Boots? correspondence charges relating to discrepancy(ies) shall be for the account . 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. That means the list data is displayed based on the preferred user language (culture). 631 et seq.) 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, the Company has not disclosed to the Buyer any material nonpublic information and will not disclose such information unless such information is disclosed to the public prior to or promptly following such disclosure to the Buyer. For example, a contract may say that the client may terminate the contract without any penalty. Let Pam Weber know how much you appreciate this article by clicking the heart icon and by sharing this article on social media. To save this word, you'll need to log in. 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. 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.. Suitable for teaching 0-5s. What Is Without Prejudice Clause in a Contract? 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. Analytical cookies are used to understand how visitors interact with the website. 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 He is honest, notwithstanding he is poor. Notwithstanding the foregoing, the Company may lower the Warrant Price or extend the duration of the Exercise Period pursuant to Sections 3.1 and 3.2, respectively, without the consent of the Registered Holders. 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. Is considered a formal term in the contract without any penalty you write social.. 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Or written broad rule in a contract using a notwithstanding sentence instead of notwithstanding the foregoing to.
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