When drafting a contract, it is essential to use precise and clear language to convey the intended terms and conditions. One legal term that may come up in a contract is “notwithstanding.” This term is often used to indicate an exception to a clause or condition. In this article, we will take a closer look at how to use notwithstanding in a contract.

What does notwithstanding mean?

Before diving into how to use notwithstanding in a contract, it`s essential to understand what it means. The term notwithstanding is a legal term that indicates an exception or an overriding effect. It is often used to introduce a clause that limits or qualifies the effect of a preceding clause.

How to use notwithstanding in a contract

When using the term notwithstanding in a contract, it`s essential to use it correctly. Here are a few tips on how to use notwithstanding in a contract:

1. Identify the clause that the notwithstanding clause is modifying.

When using notwithstanding in a contract, you should identify the specific clause that the notwithstanding clause is modifying. This is typically done by including a reference to the clause being modified in the notwithstanding clause. For example:

“Notwithstanding anything to the contrary in Section 5 of this Agreement…”

2. Be clear and concise

When using notwithstanding in a contract, it`s essential to be clear and concise. The language used should be straightforward and easy to understand. Avoid using legal jargon that could confuse the parties involved in the contract.

3. Use notwithstanding sparingly

While notwithstanding can be a useful term, it should be used sparingly. Overusing it could make the contract difficult to read and understand. Use it only when necessary to clarify a specific clause or condition in the contract.

4. Consider seeking legal advice

If you`re not sure how to use notwithstanding in a contract, it`s always a good idea to seek legal advice. A lawyer can ensure that the language used in the contract is accurate and clearly conveys the intended terms and conditions.

Conclusion

In conclusion, notwithstanding is a legal term that may come up in a contract to indicate an exception or an overriding effect. When using notwithstanding in a contract, it`s crucial to be clear, concise, and use it sparingly. By following these tips, you can ensure that the language used in the contract is accurate and clearly conveys the intended terms and conditions.