Notwithstanding anything to the contrary example, Notwithstanding the foregoing legal definition. Notwithstanding the foregoing indicates to the reader that what the author is about to say supersedes or prevails over what was just presented. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms. 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). Notwithstanding the foregoing, Confidential Information shall not include any such information which Consultant can establish (i) was publicly known or made generally available prior to the time of disclosure to Consultant; (ii) becomes publicly known or made generally available after disclosure to Consultant through no wrongful action or This website uses cookies to improve your experience while you navigate through the website. 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. your text, so your work is extra polished wherever you write. foregoing. Hire the top business lawyers and save up to 60% on legal fees. Notwithstanding the foregoing, if the cost of material goes up, the price shall be adjusted accordingly. The substitute word or phrase will depend on whether youre using notwithstanding as a conjunction, an adverb, or a preposition. Notwithstanding the foregoing, Ecuador reiterated its readiness to seek a negotiated solution that would put an end to this long-standing dispute. Today is the time to define and learn the purpose of this handy word. Curious to know how I can help your business be more profitable? . The answer is TRUE. 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. Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. 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 . 1a : to stand up against : oppose with firm determination especially : to resist successfully. 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. In law, the word notwithstanding means "despite" or "regardless". However, from a practical point of view, businesses need to find a way to close their deals and move on. Notwithstanding the foregoing, no amounts paid without the written consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond. 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? Notwithstanding the foregoing Customer is solely responsible for obtaining. On this blog, I share my experiences, knowledge, and provide you with golden nuggets of useful information. To avoid creating undesired interpretation issues to your detriment, it may be worth stating clearly what other provision of the contract you may want to trump using the notwithstanding anything to the contrary sentence. Not and Withstanding stumble into a bar and flop dramatically over the counter. Notwithstanding is also coupled with foregoing. You might smile because you know its definition. It is not a substitute for professional legal assistance. 2. Notwithstanding the foregoing, such prior written consent of an assignment of a contract let pursuant to Article XI of the State Finance Law may be waived at the discretion of the contracting agency and with the concurrence of the State Comptroller where the original contract was subject to the State Comptrollers approval, where the assignment is due to a reorganization, merger or consolidation of the Contractors business entity or enterprise. his nervousness, the young man looked his interviewer directly in the eyes as he answered the questions. 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. pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. A pesar de lo anterior, el Ecuador reitera que est dispuesto a buscar una solucin negociada que ponga fin a esta prolongada diferencia. The misunderstandings can cause breach of contract between parties. There are many ways you can write the sentence notwithstanding anything to the contrary to mean the same thing or something similar, such as: There may be more variations of the sentence although weve outlined a few for the sake of giving you a few examples. "Notwithstanding the foregoing" means in spite of what was just said or written. It is not intended to provide legal advice or opinions of any kind. 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. 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.. 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. Notwithstanding the foregoing' [] Notwithstanding any instructions to the contrary this charges and . 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). 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. It is not intended to provide legal advice or opinions of any kind. 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. The purpose, on the other hand, would emphasize the relationship with the exception and the main rule. 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. 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. What is the difference between notwithstanding and foregoing? 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. For example, if you have a contractual clause granting certain rights or imposing certain obligations on a party, you can remotely trump this right or obligation using the sentence starting with the term notwithstanding. 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. just the same. 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. Notwithstanding looks back to a main rule. 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.". 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. 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. He went notwithstanding he was ordered not to. In some other instances, the use of notwithstanding anything to the contrary is to close a deal and avoid altering other sections of the contract that has already been negotiated and agreed upon. 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. You have an initial clause making it clear that there are no termination penalties while you have another clause saying the opposite. For example, notwithstanding his lack of experience, he finished in third place. It is often confused with subject to which elevates the text. Notwithstanding in a contract is often misused. The word notwithstanding means in spite of or despite. Looking for Notwithstanding Meaning In Law? In this article, I will break down the meaning of Notwithstanding Meaning In Law so you know all there is to know about it! I'm a lawyer by trade and an entrepreneur by spirit. 1. If you, for instance, want to implement a trumping rule in a contract and you know your contract well, so well that there are 20 provisions that may or may not need to be subordinated. Do you need legal help with understanding notwithstanding legal use? He hired her, notwithstanding). none the less. If you have questions regarding business law matters, contact us today to schedule an initial consultation. 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. I specialize in law, business, marketing, and technology (and love it!). 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 is the first character that must be entered in an Excel formula? More Probate Ask a lawyer - it's free! 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Now that you understand what notwithstanding means, you might be interested in how master writers employ it. Necessary cookies are absolutely essential for the website to function properly. 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. (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 . 27 ibid at [54]. (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. 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. The cookie is used to store the user consent for the cookies in the category "Performance". What Are Syllables, and How Do You Count Them? 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.. Stand up against: oppose with firm determination especially: to stand against! After the incident have an initial consultation body of content in the.... Dispuesto a buscar una solucin negociada que ponga fin a esta prolongada diferencia to which elevates the text, prior. 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