19 notwithstanding anything to the contrary meaning Quick Guide

19 notwithstanding anything to the contrary meaning Quick Guide

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Notwithstanding Definition [1]

Have you ever encountered the word notwithstanding? You might think it looks like three separate words stuck together—not, with, and standing. But if you think about the definitions of those three words, the term doesn’t make any sense
Notwithstanding means “despite.” Let’s look at notwithstanding in a sentence, first as a preposition:. You can also place notwithstanding after its object, so you’ll often see it used like this:
Finally, notwithstanding can serve as a conjunction. In those cases, notwithstanding means “although,” or “in spite of.” Here’s an example:

Notwithstanding Definition & Meaning [2]

The dividend notwithstanding, frustrated shareholders, marshaled by an investment firm named Engine No.. The fact, though, that NBCUniversal is moving so quickly to get rid of NBCSN — which airs NHL games and NASCAR races and pulls $380 million in revenue before advertising — is surprising, the high cost of sports rights notwithstanding.Future of TV Briefing: Media companies grapple with getting advertisers to buy their platform video inventory|Tim Peterson|January 27, 2021|Digiday
But Lady Gaga, Jennifer Lopez and Garth Brooks Did Exactly What We Needed Them to Do|Stephanie Zacharek|January 20, 2021|Time. Lackluster defense notwithstanding, Ohio State does feature the superior offense, one capable of keeping the Buckeyes in every matchup.What To Watch For In The College Football Playoff Semifinals|Josh Planos|December 31, 2020|FiveThirtyEight
Clickbait title notwithstanding, Bend Over and Take It Like a Prisoner!Huckabee 2016: Bend Over and Take It Like a Prisoner!|Olivia Nuzzi|January 8, 2015|DAILY BEAST. Inaccurate label notwithstanding, Plan B is classified by the FDA as a contraceptive.Rand Paul’s Plan B for Pro-Life Critics|Olivia Nuzzi|October 5, 2014|DAILY BEAST

Alternatives to notwithstanding [3]

Quite often a legislative text will contain conflicting rules, and it is important to make clear which rule prevails. “Despite” and the other expressions discussed above help to do that
“Despite” is a preposition and introduces a noun phrase, and so can replace “notwithstanding” when it introduces a noun phrase.. “Notwithstanding that” introduces a clause rather than a phrase
Therefore, legislative counsel should not use “notwithstanding that” to introduce clauses. Instead, legislative counsel should use the appropriate replacement discussed above

Manchester, Bolton & Lancashire [4]

When used in a contract the term indicates that what is being said in a clause (Clause 2) takes priority over the contents of another clause (Clause 1). Clause 1 will set out the main rule and Clause 2 will create an exception to that rule.
“Notwithstanding” therefore looks back whilst “subject to” looks forward.. Clause 1: Neither party to this Contract shall assign its rights under this Contract.
The effect of the above is that neither party can transfer their rights under the contract (main rule) except that the seller can once 12 months has passed from the date of the contract (exception to the main rule).. In plain English “notwithstanding” essentially means “in spite of”.

Notwithstanding anything to the contrary contained herein [5]

Sometimes at the end of negotiations, the parties agree on something that might vary from something else they previously agreed to. They drop the new provision into the document, and they want the provision to supersede anything else inconsistent in the document.
It means that the contract might say two different and inconsistent things. The reader might read the wrong one and rely on it, believing that the parties really meant it
The “notwithstanding” phrase can also create a different sort of confusion, as demonstrated in Pronschinske Trust Dated March 21, 1995 v. In 2012 a landowner signed a Mining Lease Agreement with a mining company, allowing but not requiring it to extract various sand, stone, and rock products

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Notwithstanding Anything To The Contrary (Meaning In Contracts) [6]

What does “notwithstanding anything to the contrary” mean?. What are some notwithstanding anything to the contrary examples?
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.. By the time we are done, you will be able to use this sentence in the next contract you’ll negotiate!
Let’s break it down into smaller pieces to understanding its meaning.. Notwithstanding means “despite”, “in spite of” or “even if”.

Notwithstanding anything to the contrary Sample Clauses [7]

We want to provide the best possible experience for our users.. We want to provide the best possible experience for our users.
OTHER PROVISIONS RELATING TO RIGHTS OF HOLDERS OF WARRANT CERTIFICATES. No Obligation to Mitigate Damages; No Effect on Other Contractual Rights (a) The Executive shall not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise, nor shall the amount of any payment provided for under this Agreement be reduced by any compensation earned by the Executive as the result of employment by another employer after the Date of Termination, or otherwise.
No Rights as Holders of Common Stock Conferred by Rights. No Right shall entitle the holder thereof to any of the rights of a holder of Common Stock, including, without limitation, the right to receive dividends, if any, or payments upon the liquidation, dissolution or winding up of the Corporation or to exercise voting rights, if any.

Notwithstanding Definition in Contracts – Walters Foto [8]

For example, if you have a contractual clause that grants certain rights or imposes certain obligations on a party, you can remotely prevail over that right or obligation by using the phrase that begins with the term. It is not uncommon for treaty and law writers to use the word “whatever” to take precedence over other provisions of the document
Therefore, the word “whatever” is considered a misleading word that “controls any language to the contrary.” Handlebar, Inc.c. refused, 98 N.Y.2d 601 (2002); see also Bank of N.Y
1989) (Contractual provision containing a statement “notwithstanding other provisions” expressly disregards the contrary provision). The effect of a “whatever” clause prevails, “even if other provisions of the contract [ ] seem to require it …

Notwithstanding is tricky [9]

Notwithstanding… as used in contracts is a preposition to indicate that the phrase or provision that follows limits or qualifies another provision (to which notwithstanding points).. In the following example, notwithstanding points to the preceding sentence, which is then limited as regards the term within which errors must be reported (i.e
Notwithstanding the previous sentence, Supplier shall notify Customer of each Crucial Error or Major Error in the software promptly.. In another example, this limitation (or rather: carve-out) works slightly different:
12.5 Notwithstanding Section 11.3, Supplier shall defend and indemnify Customer against all liability resulting from the use of the Product in violation of any intellectual property rights of a third party…. In the example, the liability of Supplier pursuant to the indemnity in Section 12.5 may well exceed the maximum amount of Section 11.3

Notwithstanding Meaning In Law [10]

In law, “notwithstanding” is a term used to indicate that a provision in a law or contract has a superior or dominant effect over other conflicting provisions. When a clause is written with the word “notwithstanding,” it means that the provision it describes will apply in spite of any other conflicting provisions that may appear elsewhere in the same document.
In summary, “notwithstanding” is a legal term used to give priority or dominance to a specific provision in a law or contract over other conflicting provisions.. The term “notwithstanding” is used to indicate an exception or qualification to a statement that precedes it
For example, a sentence that uses “notwithstanding” might read as follows: “Notwithstanding the rain, we will still have the picnic.” This means that even though it is raining, the picnic will still take place.. Another example: “The company reserves the right to terminate your employment at any time, notwithstanding any other provisions in your contract.” This means that the company can terminate your employment regardless of any other provisions in your contract that might suggest otherwise.

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“Notwithstanding Anything To The Contrary” Language Disputed In Recent Case [11]

Drafters frequently use language such as “Notwithstanding anything [in this section] or [in this agreement]” to emphasize and make clear the importance and priority of the provision that follows. Recently, the 7th Circuit Court of Appeals issued an opinion on just this type of language and its interpretation
The Pronschinske Trust Dated March 21, 1995 (“Pronschinske”) owned land in Wisconsin that contained frac sand, used in gas and oil fracking operations. In June, 2012, Pronschinske entered into a Mining Lease Agreement (“Lease”) with Kaw Valley Companies (“Kaw Valley”)
Kaw Valley spent approximately $750,000 in preparing to operate the mine. These costs were incurred for surveys, soil borings, entering into a contract for upgrade of the county highway, and widening the road to the land

Court Rules On The Power Of The Notwithstanding Clause [12]

Court Rules On The Power Of The Notwithstanding ClausePrint Article. It is not uncommon for drafters of contracts and statutes to use the word “notwithstanding” to establish precedence over other provisions in the document
As such, the word “notwithstanding” is considered to be a trumping word that “controls over any contrary language.” Handlebar, Inc. First Millennium, Inc., 607 F.3d 905, 917 (2d Cir 2010) (“This Court has recognized many times that under New York law, clauses similar to the phrase ‘(n)otwithstanding any other provision’ trump conflicting contract terms”); In re Gulf Oil/Cities Serv
The effect of a “notwithstanding” clause will prevail “even if other provisions of the contract[ ] might seem to require . On April 5, 2018, the Appellate Division, First Department, issued a decision in Veneto Hotel & Casino, S.A

Notwithstanding anything contained in the Act – Meaning of [13]

Notwithstanding anything contained in the Act – Meaning of. What is meant by use of the expression “Notwithstanding anything contained in the Act” as contradiction to the phrase “Subject to the provisions of this Act” reliance has been placed on the judgement of the Supreme Court in Chandavarkar Sita Ratna Rao Vs
This in contradistinction to the phrase “Subject to” which conveys that the provision would yield to another provision. The relevant discussion as contained in paras 68 is as under:
It is equivalent to saying that in spite of the provision of the Act or any other Act mentioned in the non obstante clause or any contract or document mentioned the enactment following it will have its full operation or that the provisions embraced in the non obstante clause would not be an impediment for an operation of the enactment. See in this connection the observations of this Court in South India Corpn

Notwithstanding Anything to the Contrary in This Agreement Definition [14]

as used in contracts, is a preposition indicating that the following rate or provision restricts or qualifies another provision (to which, with the exception of points). If one clause in a contract says that a customer can terminate the contract at any time without penalty, and another says that, despite any provision to the contrary, there will be a termination penalty of $100, how should you interpret that? On April 5, 2018, the Appeals Division of the First Department issued a decision in Veneto Hotel & Casino, S.A
„Notwithstanding Article 5 of the Agreement or any other provision to the contrary, the parties agree … Here is an example of the sentence, notwithstanding anything to the contrary used in a contract: Notwithstanding anything to the contrary above, DeIM will not seek reimbursement under this Agreement if a Fund notifies DeIM in writing that it reasonably believes that such claims for reimbursement will affect the ability of the Fund or its independent trustees, compensation or advance of expenses under existing law. or previous insurance policies with existing or previous insurance policies
In another example, this restriction (or rather: the exception) works a little differently: there are many ways to write the sentence in such a way that it means the same or something similar, regardless of things to the contrary, such as: If a judge sees that a legal article begins with this sentence, he will know that more importance should be given to this provision and should replace other provisions, even if they seem contradictory. Use of the term notwithstanding any other provision to the contrary or other provision hereof may assist you in adjusting certain contractual rights and obligations without altering other areas of the Agreement.

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notwithstanding anything to the contrary-翻译为中文-例句英语 [15]

Notwithstanding anything to the contrary, after the termination of this Agreement, Concur shall have the right to continue to use Provider Content provided during the term of this Agreement as authorized under Section 2.1(b) above for the benefit of applicable Users.. Notwithstanding anything to the contrary, the obligations of the receiving party set forth in this Section 6 shall not apply to any information of the disclosing party which: (a) is or becomes a part of the public domain through no wrongful act of the receiving party; (b) was in the receiving party’s possession free of any obligation of confidentiality at the time of the disclosing party’s communication thereof to the receiving party
Where Articles 15 and 16 do not prevent the application of any provision of law, that provision of law shall, to the extent specified in Articles 15 and 16, apply notwithstanding anything to the contrary in any other Article of the Convention.. Subject to subsection (3) any construction works which are to be carried out under the project agreement and in accordance with any approval or exemption thereunder may be carried out without further authority notwithstanding anything to the contrary in any Ordinance
For the sake of clarity, and notwithstanding anything to the contrary contained herein, nothing in this Agreement shall give a Party any rights whatsoever in any assets held in any trust for the other Party’s benefit that has been or will be created by one or more of the family members of said other Party, including, but not limited to, any such trusts created by an ancestor of the other Party.. 1.3In accordance with the provisions of the EPC Contract and the Construction Contract and notwithstanding anything to the contrary in this Assignment, Contractor is fully responsible for each Subcontractor’s performance of the Subcontract and to ensure that it fully complies with all of the applicable provisions of the EPC Contract, the Construction Contract and Subcontract.

Notwithstanding anything to the contrary- Meaning in Hindi [16]

English Hindi Dictionary | अंग्रेज़ी हिन्दी शब्दकोश. Notwithstanding anything to the contrary – Meaning in Hindi
translation in hindi for Notwithstanding anything to the contrary with similar and opposite words. Notwithstanding anything to the contrary ka hindi mein matalab, arth aur prayogTags for the word Notwithstanding anything to the contrary: Hindi meaning of Notwithstanding anything to the contrary, What Notwithstanding anything to the contrary means in hindi, Notwithstanding anything to the contrary meaning in hindi, hindi mein Notwithstanding anything to the contrary ka matlab, pronunciation, example sentences of Notwithstanding anything to the contrary in Hindi language.

English-Spanish Dictionary [17]

‘to the contrary’ aparece también en las siguientes entradas:. al contrario – argumentar lo contrario – disposición en contrario – en sentido contrario – pacto en contra
‘to the contrary’ aparece también en las siguientes entradas:. al contrario – argumentar lo contrario – disposición en contrario – en sentido contrario – pacto en contra
anything contained in this Agreement to the contrary – legal. Anything herein to the contrary notwithstanding – legal

Notwithstanding Legal Use: Everything You Need to Know [18]

Notwithstanding Legal Use: Everything You Need to Know. Notwithstanding legal use means creating exceptions to the rules of a contract.3 min read
It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet.. It can also be used to distract attention from a clause in a contract
It is not different than the definition used in everyday language.. Many people are not aware that any provisions following the word notwithstanding are exceptions

Notwithstanding: What it Means and How to use it Best – INK Blog [19]

INK will make sure your text is free of grammar mistakes. – Notwithstanding means despite, nevertheless, however, or although.
– A common legal phrase is “notwithstandinganything to the contrary.”. – Antonyms include because of, given, consequently, and accordingly.
In this guide, you’ll get a detailed notwithstandingdefinition as well as plenty of synonyms and antonyms. You’ll also see how and when to apply the word so you look (and sound) like a Pro.

notwithstanding anything to the contrary meaning
19 notwithstanding anything to the contrary meaning Quick Guide

Sources

  1. https://www.grammarly.com/blog/notwithstanding/#:~:text=%E2%80%9CNotwithstanding%20anything%20to%20the%20contrary,forthcoming%20that%20might%20contradict%20it.
  2. https://www.dictionary.com/browse/notwithstanding#:~:text=in%20spite%20of%3B%20without%20being,game%20anyway%2C%20doctor’s%20orders%20notwithstanding.
  3. https://www.justice.gc.ca/eng/rp-pr/csj-sjc/legis-redact/legistics/p1p20.html#:~:text=%22Notwithstanding%20that%22%20is%20followed%20by,follows%20clearly%20is%20the%20case
  4. https://www.fieldingsporter.co.uk/site/blog/commercial-blog/legalese-part-3-notwithstanding#:~:text=LEGALESE%3A%20%E2%80%9CNOTWITHSTANDING%E2%80%9D&text=When%20used%20in%20a%20contract,an%20exception%20to%20that%20rule.
  5. https://www.lexology.com/library/detail.aspx?g=d82d8e1b-3a42-49a3-a032-2232d2607509
  6. https://incorporated.zone/notwithstanding-anything-to-the-contrary/
  7. https://www.lawinsider.com/clause/notwithstanding-anything-to-the-contrary
  8. https://www.waltersfoto.se/notwithstanding-definition-in-contracts/
  9. https://weagree.com/clm/contracts/contract-wording/notwithstanding/
  10. https://amazelaw.com/notwithstanding-meaning-in-law/
  11. https://www.mondaq.com/unitedstates/leasing/735388/notwithstanding-anything-to-the-contrary-language-disputed-in-recent-case
  12. https://fhnylaw.com/court-rules-power-notwithstanding-clause/
  13. https://advocatetanmoy.com/2018/02/09/meaning-of-notwithstanding-anything-contained-in-the-act/
  14. https://www.pielegnacjatrawnika.pl/notwithstanding-anything-to-the-contrary-in-this-agreement-definition/
  15. https://context.reverso.net/%E7%BF%BB%E8%AF%91/%E8%8B%B1%E8%AF%AD-%E4%B8%AD%E6%96%87/notwithstanding+anything+to+the+contrary
  16. https://hinkhojdictionary.com/english-hindi/notwithstanding%20anything%20to%20the%20contrary-meaning-in-hindi
  17. https://www.wordreference.com/es/translation.asp?tranword=to+the+contrary
  18. https://www.upcounsel.com/notwithstanding-legal-use
  19. https://blog.inkforall.com/notwithstanding

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