Notwithstanding the provisions meaning
WebJan 15, 2024 · Under very basic terms, a non-obstante clause is affixed to a section with an outlook to furnish the enacting part of that particular provision, in case a conflict arises, an overruling effect... WebJun 27, 2016 · The phrase the foregoing occurs frequently in contracts. I haven’t found a court opinion in which the meaning of the foregoing was at issue, but I don’t feel the need to wait for such an opinion to come along: because it could be unclear what the foregoing refers to, I recommend you not use the foregoing.. Consider this: Sentence one sentence …
Notwithstanding the provisions meaning
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WebAug 26, 2024 · “Notwithstanding Section 5 of the Agreement or any other provision to the contrary, the parties agree to…” In this example, the intention of the author is to ensure that the current provision overrides Section 5 of the contract and uses “any other provision to the contrary” as a fallback just to protect this clause from other ... WebApr 16, 2024 · As such, the word “notwithstanding” is considered to be a trumping word that “controls over any contrary language.” Handlebar, Inc. v. Utica First Ins. Co., 290 A.D.2d …
WebApr 30, 1976 · Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, … WebMar 12, 2024 · Voice for homeowner rights and justice. Some A.R.S. statutes related to planed communities begin with “Notwithstanding any provision.”. What does this mean as it relates to whether a planned community’s documents apply or whether the A.R.S. statute supersedes the planned community’s documents? Secondly, if a member of an HOA bring …
WebJun 9, 2014 · Furthermore, although a notwithstanding clause that refers to a particular section at least warns readers what is being undercut, one that encompasses the entire agreement leaves to the reader the often awkward task … WebOct 6, 2024 · A notwithstanding clause is a specific type of clause that is found in a statute or constitution. The clause is used to allow the government to override certain laws or provisions that would normally apply. The clause is usually used in emergency situations, or when the government needs to take action that is not allowed by the existing laws.
WebJul 12, 2011 · The term notwithstanding… is used as a preposition to indicate that the provision that follows is limited by another provision. For example: For example: Monthly, …
WebJan 13, 2016 · A planning condition removes permitted development rights under a General Permitted Development Order (GPDO) which has subsequently been revoked, but does not … how to source citationWebFeb 12, 2016 · The phrase “notwithstanding any other provision of law” has already appeared in bills introduced in the current Congress more than 600 times, according to a new analysis from the Congressional Research Service. “Does the presence of this phrase in an enactment really mean that no other statutes apply, as is sometimes suggested? how to source analysisWebJun 24, 2024 · The preemption doctrine originates from the supremacy clause of Article 6 of the U.S. Constitution. This doctrine states that any federal law, even if it is only a … how to source clientsWebRelated to NOTWITHSTANDING ANY PROVISION Injury Pay Provision An employee who is injured on the job during working hours and is required to leave for treatment or is sent … how to source diverse candidates on linkedinWebpresence of the phrase “notwithstanding any other provision of law” is, in itself, generally insufficient to determine which of two (or more) statutory provisions is to be seen as … r download newestWebSep 1, 2010 · The NC Juvenile Code states: Notwithstanding any other provision of law, any juvenile under 18 years of age, except as provided in G.S. 7B-3402 and G.S. 7B-3403, shall be subject to the ... how to source candidates on facebookWebNotwithstanding is also able to make two contingent provisions seem equal in value when it's not necessarily the case. Using subject to clears up this ambiguity by making one … how to source diverse candidates