Amol Jadhav

When drafting a contract, it`s not uncommon to come across the term “notwithstanding.” While it may seem like a big word with complex legal implications, it`s actually quite simple once you understand what it means.

“Notwithstanding” is a term used to indicate a provision in a contract that supersedes or overrides another provision. In other words, it`s saying that despite what may be written elsewhere in the contract, this provision will remain in effect.

For example, let`s say a contract includes a provision that states that a salesperson is not entitled to receive a commission until the customer has paid their invoice in full. However, another provision in the contract states that the salesperson is entitled to a commission on any sales made, regardless of payment status. In this case, the provision regarding commission payouts would be considered the “notwithstanding” provision, as it overrides the previous provision regarding payment.

It`s important to note that the use of “notwithstanding” in a contract can have significant legal implications, so it`s always a good idea to consult with a lawyer or legal expert before drafting or agreeing to any contract. Additionally, it`s important to understand the context in which “notwithstanding” is used, as there may be specific laws or regulations that could impact how the provision is interpreted.

In summary, “notwithstanding” in a contract means that a particular provision takes precedence over another provision within the same document. It`s a legal term that can have important implications, so it`s important to seek legal guidance whenever encountering it in a contract.