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1. www.upcounsel.com › notwithstanding-legal-useNotwithstanding Legal Use: Everything You Need to Know

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   Sep 19, 2022 · Notwithstanding can be useful in some situations, including the following: Your client needs a variety and a broad rule in a contract. Typically, clients know their contracts backward and forward. Ideally, it would not contain any ambiguity and is not difficult to read. Everyone involved would also be fully aware of the provisions and what they ...

2. marell-lawfirm.com › notwithstanding-exceptions“Notwithstanding” = Exceptions to What I Just Said (Can’t we ...

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   Mar 10, 2015 · Typically, the contract contains a provision that sets forth the requirements to be met in order to comply with the agreement. 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.”

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     Difference Between Contract and Agreement with Examples | Meaning of Contract | Meaning of Agreement

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4. draftedlegal.com › what-does-notwithstanding-meanWhat Does Notwithstanding Mean? - Drafted Legal

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   Mar 9, 2024 · For example, a contract may state that “notwithstanding any other clause in this agreement, Party A shall be responsible for all costs incurred during the course of the project.” In this case, “notwithstanding” means that Party A will still be responsible for all costs regardless of any other provisions in the contract.

5. amazelaw.com › notwithstanding-the-foregoingNotwithstanding The Foregoing (Meaning: All You Need To Know)

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   Nov 8, 2024 · Notwithstanding The Foregoing Use In Contracts. “Notwithstanding the foregoing” is a legal term that is commonly used in contracts and other legal documents to introduce exceptions, limitations, or qualifications to previous statements. It is a powerful phrase that can change the meaning of the contract and should be used with caution.

6. englishforlawyers.ca › notwithstandingWhat does "notwithstanding" mean? - English for Lawyers

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   Notwithstanding is very formal. It is still commonly used in commercial agreements, but it’s not plain language. Plain language alternatives include despite and even though. Be careful! Contract drafting expert Ken Adams warns that this type of construction can create ambiguities.*.

7. weagree.com › weblog › notwithstanding-is-a-tricky-oneNotwithstanding in contracts - Weagree

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   The use of notwithstanding might result in (unintended) ambiguities; when a third contract clause refers to a section that is itself subordinate to another clause, which uses notwithstanding: in that case it might be uncertain whether the prevailing clause (i.e. in which the reference notwithstanding was made) is intended to be captured by such third contract clause.

8. People also ask

   What is a notwithstanding clause in a contract?

   • Here are some of them: Clarity of Terms: Notwithstanding clauses make it evident that a specific provision is the most important in a contract, and no other clause should override or modify its terms. Preserves Intention: In legal documents, there are times when a provision may unintentionally contradict another.

   What Does Notwithstanding Mean? - Drafted Legal

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   What does notwithstanding mean in a contract?

   • 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. Typically, the contract contains a provision that sets forth the requirements to be met in order to comply with the agreement.

   “Notwithstanding” = Exceptions to What I Just Said (Can’t we just say

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   What is “notwithstanding the foregoing” in a contract?

   • One of the main advantages of using “notwithstanding the foregoing” is that it can be a simple and efficient way to introduce exceptions or limitations to previous statements. It is a widely recognized legal term that is familiar to lawyers and judges, which can help to avoid confusion or ambiguity in the interpretation of the contract.

   Notwithstanding The Foregoing (Meaning: All You Need To Know)

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   Do the provisions of this agreement apply notwithstanding any other agreement?

   • Example 2 The provisions of this agreement apply notwithstanding anything to the contrary in any other agreement. → The provisions of this agreement apply even though other agreements may include inconsistent provisions.

   What does "notwithstanding" mean? - English for Lawyers

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   What are the cons of using “notwithstanding” in a contract?

   • Below are a few of the cons related to using “notwithstanding” in your agreements: Confusion. Many people do not realize that the provisions following the word “notwithstanding” are actually exceptions. It can be confusing and create misunderstandings that result in breaches of contract and disputes between the parties. Subordination of the rules.

   “Notwithstanding” = Exceptions to What I Just Said (Can’t we just say

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   Does 'notwithstanding' impact unintended provisions in a contract?

   • The result is that it can impact unintended provisions in the contract. While the concept behind using “notwithstanding” may be valid, there are simpler and clearer ways of saying it. It is important to avoid ambiguity in your contracts in order to prevent disputes and litigation.

   “Notwithstanding” = Exceptions to What I Just Said (Can’t we just say

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9. intensitylaw.com › blog › what-does-notwithstandingUnderstanding the Legal Term Notwithstanding - Intensity Law

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   Aug 22, 2024 · Notwithstanding in contracts and agreements can have significant implications for the interpretation and enforcement of the terms within the document. Usage in Legal Documents. Precedence in Contracts. In contracts, notwithstanding clauses are used to specify certain rights or obligations that supersede other provisions.