What does notwithstanding mean in legal documents?

The words notwithstanding and any other similar terms are often used to make an exception to the previous clause or agreement. For example, you may want to exclude or limit the warranty of your new yacht or boat, and you may put this in your boat’s warranty agreement.

However, you may want to make an exception to this warranty for the cost of the labor to replace the engine. You may use the term notwithstanding to exclude this extra cost from the warranty. A clause that states something in a way that negates or trumps another clause or the main clause of a legal agreement.

For example, if you put the warranty of habitability in your lease agreement, and your landlord adds a provision that says the warranty doesn’t apply if the tenant does not pay rent, that clause would be a “notwithstanding” clause.

It would conflict with the main clause, which says the landlord will provide a warranty to the tenant if the tenant pays

What does "notwithstanding the foregoing" mean in a legal document?

When a term or clause is stated multiple times in a legal document, the use of the term " notwithstanding is generally an indication that the provision that follows should be read as overriding the previous.

While this is the most common use of the term, it can also be used as a way to indicate that the second clause should take precedence over the first. The term "notwithstanding" is one that legal professionals sometimes use to express the idea that something is valid whether or not the opposite is true.

It is often used in a contract to state that the terms of the agreement will still be valid if the other party fails to comply with any of the obligations. In the clause where it appears, the "notwithstanding" should be in all capital letters.

What does the phrase notwithstanding anything mean in a legal document?

The phrase notwithstanding anything means that the first part of the clause should not apply if something happens. For example, a homeowner’s warranty might say that the warranty is void if the owner installs after-market parts.

The use of notwithstanding anything here ensures that the warranty remains in effect regardless of whether the homeowner purchased the parts from a retailer. A notwithstanding clause is a specific, isolated clause that states that a certain provision of an agreement will continue to apply, even if another part of the agreement is invalid for any reason.

In the legal context, a “notwithstanding” clause is often placed at the beginning of a section of a legal document. It can be used to override any conflicting or contradictory law that would otherwise apply to that particular clause.

What does the phrase "except notwithstanding the foregoing" mean in a legal document?

When someone uses the term "notwithstanding" in a legal document, they are trying to state an exception to a general rule. Sometimes a court will rule that a general rule applies unless something else is stated in the document.

For example, if you are looking at a will, it may say "I leave all my property to my spouse, except for any pension or retirement accounts that have not yet been paid out." This means that the will will still apply if your spouse passes away before the pension or retirement The term “notwithstanding” is a phrase used in legal documents to indicate something that comes despite what something else says.

In a deed of trust, the phrase “notwithstanding the foregoing” refers to any contrary terms in the deed of trust, such as the covenant of good faith and fair dealing.

What does the phrase notwithstanding everything mean in a

The phrase notwithstanding everything in a legal document is used to express an idea that something is true even if another fact or idea is contrary to the first. Often, this is used in a legal context when you want to override an earlier specific agreement or other legal document to make a later agreement the controlling legal document. When the term “notwithstanding” appears in a legal document, it indicates that the following clause or provision should be mandatory even if another part of the agreement has been violated. This is the opposite of a standard clause which indicates that if the other party fails to perform in some way, the agreement will not automatically be terminated.