What does Notwithstanding any other provision of this agreement mean?

“Notwithstanding anything to the contrary” is legal language that declares that a clause supersedes anything forthcoming that might contradict it.

What does hereof mean in legal terms?

of this agreement
Hereof means ‘of this agreement’ (e.g. “as of the date hereof“). Try to overcome the habit of using hereto, hereof and herein.

What is the meaning of notwithstanding anything contained?

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 …

What does Notwithstanding anything to the contrary contained herein?

What does the sentence “Notwithstanding anything to the contrary contained in this act” mean? This means, in spite of anything else in the law that may convey a conflicting message or meaning. The sentence is used as a means of allowing the courts to interpret the intention of the legislator when interpreting the law.

What is the difference between thereof and hereof?

As adverbs the difference between hereof and thereof is that hereof is of this while thereof is of this, that or it.

How do you use hereof?

Hereof is defined as of this. An example of hereof is someone saying that, of the facts presented, one in particular is the most relevant to the argument; for example, “This fact hereof shows the reason.”

What does subject to provisions mean?

Subject to… introduces a priority of clauses. In most cases, the issue is solved by the words Subject to section…, indicating the hierarchical interaction between both provisions.

What is the purpose of the notwithstanding clause?

It is commonly known as the notwithstanding clause (la clause dérogatoire, or la clause nonobstant in French), sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override certain portions of the Charter.

Under which provision of Indian Contract Act the bank guarantee is governed?

Contract of guarantee is defined in India under the Section 126 of Indian contract act, 1872, According to which a contract to perform the promise or discharge the liability of third person in case of breach or default by that person.

Are any provisions following the word notwithstanding exceptions?

Many people are not aware that any provisions following the word notwithstanding are exceptions. It is often confused with “subject to” which elevates the text. The misunderstandings can cause breach of contract between parties. It can subordinate rules that are not easily identified.

When should you not use the word notwithstanding?

Consider not using notwithstanding. Often, a drafter uses notwithstanding anything [herein] to the contrary to protect a significant provision against a conflicting provision, whichever provision that may be. In many cases, notwithstanding is redundant.

What does Notwithstanding anything to the contrary mean in a contract?

In contracts, when a lawyer uses the sentence “notwithstanding anything to the contrary”, the objective is to ensure that the referenced contractual provision supersedes any other provision of the contract on the same subject or potentially conflicting in essence.

What is the meaning of notwithstanding in law?

The term notwithstanding… is used as a preposition to indicate that the provision that follows is limited by another provision.