Drafting Skills · glossary

Notwithstanding

“Notwithstanding clause X” means this clause wins over clause X. Clause 12.3 opens with the word, so it wins over the cap on liability. Nothing limits liability for death or injury caused by negligence, or for fraud. Agreement, clause 12.3 · Chapter 5

Explained in Chapter 5, Shall vs Will in Contracts: Drafting Obligations, of Drafting Skills.

How it comes up, in Chapter 5
Two clauses sometimes pull against each other. Two phrases settle which one wins. “Subject to clause X” means clause X wins over this one. “Notwithstanding clause X” means this one wins over clause X.
Read Chapter 5, Shall vs Will in Contracts: Drafting Obligations →

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Related terms

Where this term lives

This term is part of one fictional contract, from term sheet to signing, with every document attached and a test after every chapter. Open Drafting Skills → · All terms A–Z →