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Intellectual Property Lawyers “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. 23 synonyms of notwithstanding from the Merriam-Webster Thesaurus, plus 6 related words, definitions, and antonyms. The penalty clause does apply if sections 9.1 and 9.2 are modified as marked:Finally, a subtle difference may be the sense of equality of provisions conveyed by This site uses a cookie. Notwithstanding is also coupled with foregoing. This can create significant confusion because these items can overlap and it is not clear how far-reaching or how far back the “foregoing” reaches. It is used as a preposition to show that a provision is followed by another provision. Top synonyms for notwithstanding the foregoing (other words for notwithstanding the foregoing) are notwithstanding the above, having said that and with that said.

NOTWITHSTANDING THE FOREGOING i) [Exiting Participant] covenants and warrants that title to the Conveyed Assets is free from all former grants, sales, taxes, assessments, liens, trusts, mortgages and encumbrances created by or through [Exiting Participant] through the Exit Date; and (ii) nothing contained herein shall be construed to relieve [Exiting Participant] from its duties under the Restructuring … When I speak of home, I speak of the place where in default of a better—those I love are gathered together; and if that place where a gypsy’s tent, or a barn, I should call it by the same good name W. Somerset Maugham,The Painted Veil 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. By continuing to browse the site, you agree with us to our use of it. Best practice – no notwithstanding the foregoing. 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.

This is the effect of the word An interesting detail of the same example is whether Supplier will also be exposed to liability vis-à-vis Customer once such an indemnity (in excess of two million euro) has been effected: whilst Section 12.5 operates independent from Section 11.3, this latter section appears to include any liability based on Section 12.5.If the section referred to in the third contract clause is subordinated to another clause by using Contract automation allows you to create a contract in automated way. Opposite of without attention to.

W. Somerset Maugham,The Painted Veil I haven’t found a court opinion in which the meaning of the foregoing was at issue, but I don’t feel the need to wait for such an opinion to come along: because it could be unclear what the foregoing refers to, I recommend you not use the foregoing.. Want High Quality, Transparent, and Affordable Legal Services?

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Drafters use the phrase without limiting the generality of the foregoing to introduce one or more examples of a concept described in the immediately preceding language. • Clause 2 states that the price of the goods referred to in the contract is set out in Schedule 2.

Writing, grammar, and communication tips for your inbox.You have been successfully subscribed to the Grammarly blog.How to Give Writing Feedback That’s Constructive, Not CrushingCan You Truly Focus When Current Events Distract You?9 Powerful Writing Apps for Any Type of Writing ProjectGrammarly’s Writing Encyclopedia: 2019 in Language From A to Z @NOVEMBER 2013 “Notwithstanding” Example 1: Clause 1 starts – “Notwithstanding clause 2…” • Clause 1 states that the Seller can increase the price of certain goods by giving the Buyer seven days’ prior written notice.

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