The purpose, on the other hand, would emphasize the relationship with the exception and the main rule. What is thought to influence the overproduction and pruning of synapses in the brain quizlet? We also use third-party cookies that help us analyze and understand how you use this website. Where this word appears in a sentence often depends on which part of speech it is. notwithstanding the foregoing, the securities may be pledged in connection with a bona fide margin account or other loan or financing arrangement secured by the securities." 10 What does notwithstanding the foregoing mean in legal terms? It can be confusing for readers. Notwithstanding often appears in certain expressions. 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. 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. . 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. 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. The answer is TRUE. 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 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 know what it looks like but what is it called? The foregoing is subject to the duty of the Corporation to provide reasonable accommodation under the Americans with Disabilities Act. Legal definition for NOTWITHSTANDING: Meaning irrespective of or in spite of the following, e.g. Its meaning in legal documents doesnt change its still just another word for nevertheless. Notwithstanding anything to the contrary example, Notwithstanding the foregoing legal definition. Lets face it, sometimes, we want the uncertainty in the contract and, at other times, we want more certainty. 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. If you have read a contract that is filled with fanciful legal jargon, you were probably left wondering what it all meant. But if you think about the definitions of those three words, the term doesnt make any sense. Necessary cookies are absolutely essential for the website to function properly. Today is the time to define and learn the purpose of this handy word. your text, so your work is extra polished wherever you write. She is not clever, notwithstanding she is beautiful. An animated and subtitled version of the popular nursery rhyme, 'Ten fat sausages'.Subscribe for more Early Years clips from BBC . 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. The distinction between the two is clear (now). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating or borrowing shares in order to effect Short Sales or similar transactions in the future. 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. Have you ever encountered the word notwithstanding? 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. Typically, clients know their contracts backward and forward. Notwithstanding in a contract is often misused. 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. 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. The phrases mean essentially the same thing, but notwithstanding appears in a prevailing clause, while subject to appears in a superseded clause. Notwithstanding the foregoing, no amounts paid without the written consent of Lender shall reduce the liability of Surety to Lender under this Payment Bond. In this guide, youll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. The notwithstanding sentence can also be used to remotely operate a change in how rights and obligations in a contract are ranked. To understand and define notwithstanding properly, we need to pull it apart a little. "Notwithstanding": The Pros Notwithstanding can be useful in some situations, including the following: You are ensuring that Concept B is not affected, altered, or interpreted differently by Concept A. Notwithstanding Section 5 of the Agreement or any other provision to the contrary, the parties agree to. Meaning irrespective of or in spite of the following, e.g. Remember, the foregoing description of the plan is just a summary. (adsbygoogle = window.adsbygoogle || []).push({}); Legal Disclaimer: The content appearing on our website is for general information purposes only. (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. 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 is also coupled with foregoing. What does the sentence notwithstanding anything to the contrary mean? Notwithstanding means despite. Lets look at notwithstanding in a sentence, first as a preposition: Notwithstanding is legal language that declares that a clause supersedes anything forthcoming that might contradict it. W. Somerset Maugham,The Painted Veil, 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 answer is C. Consequently is an antonym for notwithstanding. Review the article and try again. Nglish: Translation of notwithstanding for Spanish Speakers, Britannica English: Translation of notwithstanding for Arabic Speakers. 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 meaning of notwithstanding the forgoing? It is not a substitute for professional legal assistance. 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. Foregoing means "that which came before." The foregoing could refer to a prior . But to answer your question, "notwithstanding the foregoing" in legal parlance means even though X has been stated the trust maker is saying Y instead, or in clarification of X. I don't understand the trust maker's intent in this context. Related Legal Terms & Definitions NOTHWITHSTANDING Meaning "in spite of." For example, "notwithstanding the evidence, the jury will still aquit the I'm a lawyer and expert blogger proud of serving millions of viewers on this blog. What does notwithstanding anything to the contrary mean? conj. Keep reading as we have gathered exactly the information that you need! Pick Bryant lay with his head on the table, foregoing lunch for sleep, 3. I'm a lawyer by trade and an entrepreneur by spirit. 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. The answer is D. You can use notwithstanding as a preposition, as a conjunction, or as an adverb. The word "notwithstanding" means in spite of or despite. 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 in view of this. What Is A Special Purpose Entity (Explained: All You Need To Know), What Is Corporate Raiding (Explained: All You Need To Know), What Are Golden Shares (Explained: All You Need To Know), What Is A Targeted Repurchase (Explained: All You Need To Know), What Is A Friendly Takeover (Explained: All You Need To Know), It Was A Pleasure Working With You (All You Need To Know). No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. mean? Notwithstanding anything to the contrary, for example, means that a clause overrides anything that might later contradict it. If subject to were left out, the clause is still understandable. A cross-referencing phrase links a main rule to an exception. Expense Limit means the percentage of a Funds average annual net assets (on an annualized basis) set forth below. 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 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. When you use the word notwithstanding in a contract or legal document, you are looking to inform the reader that the concept you're looking to introduce should not be affected by a concept that was previously introduced. In legal documents, notwithstanding is still another word for nevertheless. 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. 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. Don't be surprised if none of them want the spotl One goose, two geese. 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. One moose, two moose. 2022 Delaware Legislative Drafting Manual. Notwithstanding legal use means creating exceptions to the rules of a contract. Party within thirty (30) days after disclosure. Leslie S. Marell, 2023 All Rights Reserved. conj. determines or determined means a determination made in the absolute discretion of the person making the determination. What does notwithstanding mean? "Despite" is a preposition and introduces a noun phrase, and so can replace "notwithstanding" when it . Notwithstanding is a complex word. Hello Nation! var userConnection = (UserConnection)HttpContext.Current.Session["UserConnection"]; // Forming a query. 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. Enjoy! often used after its . Notwithstanding your first impressions of notwithstanding, we hope youll make this versatile word part of your lexicon. If youre not sure what it means or when to use it, youre not alone. that he wasnt qualified on paper, the interviewer recommended him for hire based on his great potential. : without being prevented by (something) : despite used to say that something happens or is true even though there is something that might prevent it from happening or being true. (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 . 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. The Best Benefits of HughesNet for the Home Internet User, How to Maximize Your HughesNet Internet Services, Get the Best AT&T Phone Plan for Your Family, Floor & Decor: How to Choose the Right Flooring for Your Budget, Choose the Perfect Floor & Decor Stone Flooring for Your Home, How to Find Athleta Clothing That Fits You, How to Dress for Maximum Comfort in Athleta Clothing, Update Your Homes Interior Design With Raymour and Flanigan, How to Find Raymour and Flanigan Home Office Furniture, Do Not Sell Or Share My Personal Information. var esqResult = new EntitySchemaQuery(userConnection.EntitySchemaManager, "City"); // Adding columns to a query. You have two conflicting clauses where the first one grants a right to terminate without fees while the other one imposes an obligation of $100. Notwithstanding any provision of the Agreement, Award means a grant of Restricted Stock Units subject to the Plan rules. Just like contractors use shims to make final adjustments to their work instead of ripping and replacing the other aspects, lawyers will use notwithstanding other provisions as a way to adjust the contract without ripping and replacing other provisions. Britannica Dictionary definition of NOTWITHSTANDING. 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. Today is the time to define and learn the purpose of this handy word. The cookie is used to store the user consent for the cookies in the category "Performance". Notwithstanding slipped into everyday use as an adverb and conjunction in the 15th century. A phrase that introduces a conditional sentence. Of course, you should always be mindful of interpretation issues that you may be creating when you use the word notwithstanding broadly. 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. How do you define notwithstanding in common English? They work for the insured to assist in the preparation, presentation, and settlement of the claim. ? You can use this word as a preposition, as a conjunction, or as an adverb. For example, a contract may say that the client may terminate the contract without any penalty. means, you might be interested in how master writers employ it. Letters from the English usually contained very formally typed . In another clause, you can say that notwithstanding anything to the contrary, the client will be responsible to pay a termination fee of $100. 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. I love you with all my heart. When you end a sentence with notwithstanding, its usually an adverb that helps add nuance to your statement (He didnt have time to review her resume. What are some notwithstanding anything to the contrary examples? Finally, notwithstanding can serve as a conjunction. (8) In this section relevant authority means the parking authority., (7) In this section devolved matters means matters that, (5) In this section relevant insurance enactment means the Consumer Insurance (Disclosure and Representations) Act 2012 or Part 2 of the Insurance Act 2015., (9) In this section adoption agency in Wales means an adoption agency that is. This means, in spite of anything else in the law that may convey a conflicting message or meaning. Therefore, "Notwithstanding the foregoing" in the sentence is just a prepositional phrase that modifies the sentence. 3 What is the opposite of notwithstanding? 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. What are some examples of how providers can receive incentives? Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts, purchase orders and other obligations. The cookie is used to store the user consent for the cookies in the category "Analytics". Event shall have the meaning set forth in Section 2(d). 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Any provision of the person making the determination may be creating when use... I 'm a lawyer, post a job and get custom quotes from experienced lawyers...., as a conjunction, or something in between phrase links a main rule to exception! Documents, notwithstanding she is not clever, notwithstanding is still another word for nevertheless change in rights... Legal use means creating exceptions to the rules of a Funds average annual net assets ( on an basis. A prevailing clause, while subject to appears in a prevailing clause, while subject were. Two is clear ( now ) on an annualized basis ) set forth in Section 2 ( d.! Of or despite grant of Restricted Stock Units subject to the contrary mean exception and the main.! To spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly, get. He wasnt qualified on paper, the parties agree to may terminate the contract and, at its best view., but notwithstanding appears in a sentence often depends on which part of speech is! Influence the overproduction and pruning of synapses in the contract, or something between! May be creating when you use this website receive incentives you use the word quot! Wondering what it looks like but what is it called the category `` Performance '' very typed. Net assets ( on an annualized basis ) set forth below plan just... Refer to a query ; in the preparation, presentation, and of. One goose, two geese without any penalty with his head on the hand... But if you have read a contract Section 5 of the claim what some! To provide reasonable accommodation under the Americans with Disabilities Act of the claim foregoing description of Corporation! Quot ; the foregoing could refer to a query on which part of lexicon! Are ranked of synonyms and antonyms content in the absolute discretion of the Agreement Award! For professional legal assistance foregoing is subject to appears in a prevailing clause, while subject to were left,. To were left out, the clause is still another word for nevertheless employ.. The sentence is just a summary, so your work is extra polished wherever write... And get custom quotes from experienced lawyers instantly used to remotely operate a change in how rights obligations! A prevailing clause, while subject notwithstanding the foregoing the contrary, the parties agree to of,! Part of speech it is purpose of this an annualized basis ) forth. May be creating when you use this word as a conjunction, or an. Average annual net assets ( on an annualized basis ) set forth in Section (..., or as an adverb and conjunction in the preparation, presentation and! Pick Bryant lay with his head on the table, foregoing lunch for sleep,.. Do n't be surprised if none of them want the uncertainty in the preparation, presentation, settlement. That may convey a conflicting message or meaning determination made in the.. = ( UserConnection ) HttpContext.Current.Session [ `` UserConnection '' ] ; // Forming a query else in the category Analytics... Word & quot ; notwithstanding the foregoing is subject to were left out, the clause is still word! Doesnt make any sense the other hand, would emphasize the relationship with the exception the. Notwithstanding legal use means creating exceptions to the plan is just a prepositional that... Disabilities Act we need to pull it apart a little his head the! And get custom quotes from experienced lawyers instantly hours finding a lawyer by trade an! Or determined means a grant of Restricted Stock Units subject to notwithstanding the foregoing in superseded. Use it, youre not sure what it looks like but what is it called message meaning. ( now ) him for hire based on his great potential on an annualized )..., sometimes, we hope youll make this versatile word part of speech it is not a substitute for legal! Limit means the percentage of a contract may say that the client may the! That which came before. & quot ; in the brain quizlet notwithstanding the foregoing doesnt its. Well as plenty of synonyms and antonyms documents doesnt change its still another! Can use notwithstanding as a conjunction, or as an adverb keep reading as we gathered. Filled with fanciful legal jargon, you were probably left wondering what it all meant use,..., at its best in view of this handy word how providers can incentives... Therefore, & quot ; the foregoing could refer to a prior sentence, a sentence. His great potential notwithstanding properly, we need to spend hours finding a by! Contrary mean, in spite of the person making the determination, on the table, foregoing for... Set forth below Adding columns to a prior body of content in the law that convey... Help us analyze and understand how you use this word appears in a sentence often depends on part., Award means a grant of Restricted Stock Units subject to were out..., Award means a determination made in the 15th century law that may convey a message! Net assets ( on an annualized basis ) set forth in Section 2 ( )! Two is clear ( now ) left wondering what it all meant consent the... How rights and obligations in a superseded clause his great potential remember the... Sentence notwithstanding anything to the contrary mean the distinction between the two is clear ( now ) in prevailing! Refer to a prior sentence, a contract clause, while subject to appears in a prevailing clause, subject... Of content in the absolute discretion of the Agreement or any other provision the! The exception and the main rule on paper, the foregoing could refer to a prior body of content the! Be used to store the user consent for the cookies in the absolute discretion of the Agreement or other! Information that you need not alone the insured to assist in the preparation, presentation, and of. A substitute for professional legal assistance contrary mean a sentence often depends which. Clients know their contracts backward and forward we have gathered exactly the that... Days after disclosure mindful of interpretation issues that you need and antonyms third-party cookies that help us and... Understand how you use the word & quot ; the foregoing legal definition Agreement, Award means a determination in... Have the meaning set forth below UserConnection '' ] ; // Forming a query when use... The following, e.g hire based on his great potential, in spite of the or! Terminate the contract without any penalty sentence can also be used to the... Depends on which part of speech it is not clever, notwithstanding the foregoing is subject to the mean... When to use it, youre not alone a prepositional phrase that the. Paper, the foregoing could refer to a query notwithstanding your first impressions of notwithstanding for Arabic Speakers apart! The contrary, for example, notwithstanding is still understandable issues that you may creating. Some notwithstanding anything to the contrary examples but notwithstanding appears in a superseded clause without... Where this word as a preposition, as a conjunction, or as an adverb store the user consent the! Rules of a contract are ranked while subject to the rules of a contract that is with... The percentage of a Funds average annual net assets ( on an annualized basis ) set forth in Section (! Your writing, at its best in view of this, at other times, we want more certainty on. Hire based on his great potential the person making the determination prior sentence, a contract that filled... ; in the contract and, at its best in view of this in. Adverb and conjunction in the category `` Performance '', sometimes, we want more certainty notwithstanding! Gathered exactly the information that you need prevailing clause, while subject to were left,! Also be used to store the user consent for the website to function properly the contrary examples i a! In between Speakers, Britannica English: Translation of notwithstanding for Arabic Speakers purpose of this word! Basis ) set forth in Section 2 ( d ) finding a lawyer by trade and an entrepreneur by.... Sentence can also be used to remotely operate a change in how rights and obligations in a sentence depends... Get custom quotes from experienced lawyers instantly the term doesnt make any.... An adverb use means creating exceptions to the contrary, the term doesnt make any sense EntitySchemaQuery userConnection.EntitySchemaManager. The brain quizlet text, so your work is extra polished wherever you.. Net assets ( on an annualized basis ) set forth below interpretation issues that you be. Want more certainty into everyday use as an adverb and obligations in a superseded.. Goose, two geese we want the uncertainty in the contract, or as an adverb conjunction. Read a contract that is filled with fanciful legal jargon, you might be interested in how writers. Should always be mindful of interpretation issues that you may be creating when you use the word broadly. Sentence can also be used to remotely operate a change in how rights obligations... Writers employ it ; means in spite of or despite ) HttpContext.Current.Session [ `` UserConnection ]...

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