Notwithstanding meaning in law and legal documents - Legal Terms

What does notwithstanding mean in legal documents?

The term "notwithstanding" is often seen in legal documents and it's a way to express a kind of exception to the rule that's being discussed. Imagine you have a set of guidelines or rules in place, but there's a special situation where one specific rule can be ignored or set aside. When "notwithstanding" is used, it's like saying "even though this is the rule, in this case, it doesn't apply." It's a lawyer's way of saying "in spite of" or "regardless of."

To put it another way, think of a law or contract as a fence that sets the boundaries for what you can or cannot do. The word "notwithstanding" acts like a gate in that fence. It allows for a path where you can step outside the normal limits under certain conditions, without breaking the overall agreement. It’s a signal that there’s an exception to what has just been said or written.

For example, a company policy might state that employees must wear formal attire at all times. However, if there's a clause that says "notwithstanding the above, employees may wear casual attire on Fridays," it means that the general rule of formal attire is overridden on Fridays. So, even though the policy is to dress formally, the "notwithstanding" clause provides a clear exception for more relaxed dress on a specific day.

What are some examples of notwithstanding in legal contracts?

Contract Clauses: "Notwithstanding any other provision in this agreement, the client may terminate the contract with 30 days' notice."
Legislation: "Notwithstanding any other law, the provisions of this act shall apply to all public schools in the state."
Company Policies: "Employees are required to adhere to the dress code notwithstanding casual Fridays when relaxed attire is permitted."
Legal Rights: "Notwithstanding the rights granted herein, the licensor reserves all rights not expressly granted to the licensee."
Court Orders: "The previous injunction shall remain in effect notwithstanding the court's recent ruling on the matter."
Insurance Policies: "Notwithstanding the exclusions listed above, losses due to theft will be covered up to $1,000."
Local Ordinances: "Notwithstanding any other ordinance, no parking shall be allowed on Main Street during the parade."
Wills and Trusts: "Notwithstanding any other provision in this will, my collection of antique cars is to be donated to the museum."
Educational Policies: "Students shall maintain a minimum GPA of 3.0 to qualify for the scholarship notwithstanding exceptional circumstances as determined by the committee."
Employment Agreements: "The employee shall not engage in any other employment, provided, however, that notwithstanding this provision, the employee may engage in voluntary charity work."