When reading a contract, you may come across the phrase “notwithstanding the foregoing.” This is a legal term that is often used in contracts to emphasize a specific clause or provision. If you are not familiar with legal jargon, it can be confusing to understand what this phrase means and how it affects the rest of the contract. In this article, we`ll break down what “notwithstanding the foregoing” means in a contract and provide some examples to help you better understand its usage.
What Does “Notwithstanding the Foregoing” Mean in a Contract?
“Notwithstanding the foregoing” means that the clause that follows will apply regardless of what was stated previously in the contract. This phrase is often used to emphasize a specific clause or provision and to ensure that it takes precedence over other parts of the contract, even if they may seem contradictory. In other words, the clause that comes after “notwithstanding the foregoing” will be enforced no matter what comes before it.
Examples of “Notwithstanding the Foregoing” in Contracts
Let`s take a look at some examples of how “notwithstanding the foregoing” can be used in a contract:
Example 1: “Notwithstanding the foregoing, the seller shall not be liable for any damages resulting from the buyer`s misuse of the product.”
In this example, the seller is stating that they will not be held responsible for any damages caused by the buyer`s misuse of the product. This clause takes precedence over any other provision that may indicate otherwise. Essentially, the seller is saying that this clause is so important that it must be enforced regardless of what was previously stated in the contract.
Example 2: “Notwithstanding the foregoing, the parties agree to negotiate in good faith before pursuing any legal action.”
In this example, the parties are agreeing to negotiate in good faith before taking any legal action, regardless of what was previously stated in the contract. This clause ensures that both parties will attempt to resolve any disputes before resorting to legal action, and that this clause will take precedence over any other provisions that may indicate otherwise.
Example 3: “Notwithstanding the foregoing, the company shall have the right to terminate this agreement for any reason.”
In this example, the company is stating that they have the right to terminate the agreement for any reason, regardless of what was previously stated in the contract. This clause takes precedence over any other provisions that may limit the company`s ability to terminate the agreement.
Conclusion
In conclusion, “notwithstanding the foregoing” is a legal term that is used in contracts to emphasize a specific clause or provision. It indicates that the clause that follows will apply regardless of what was stated previously in the contract. Understanding the meaning of this phrase is essential when reviewing a contract, as it can impact the enforceability of the agreement. If you have any questions about a contract you are reviewing, it`s always best to consult with a legal professional.