Notwithstanding anything to the contrary, however, DeIM will not seek reimbursement under this Agreement if a Fund notifies DeIM in writing that it has reason to believe that such claims will have the ability of the Fund or its independent trustees to receive compensation or advance expenses under existing or prior insurance policies with respect to matters other than those covered by this Agreement; can restrict considerably. We will examine independently of the meaning of the law, examine variations in judgment independently of things to the contrary, assess its legal implications, legal challenges, examples and more. Either way, everything else means “despite everything that has been implied before.” The dispute was summed up in the sentence that began with “Regardless of what is contained in this document” and was in the middle of the paragraph on production license fees. What did “here” mean? If it were the entire deal, the mining company owed $75,000 a year, no matter what. However, if the term “present” referred only to the paragraph on production royalties, in the absence of mining, there would never have been liability for production royalties, so the mining company was not obliged to pay the minimum production royalty. “Notwithstanding Article 5 of the Agreement or any other provision to the contrary, the parties agree … The court ruled in favor of the mining company and concluded that “herein” referred only to sales via production license fees. The court pointed out that the phrase “Nevertheless” appeared in the middle of a long paragraph on production licence fees. It was not a stand-alone paragraph elsewhere in the agreement: “If the provision was intended to provide for a minimum payment due each year on the anniversary of its entry into force, it would be expected that this would be set out separately.” Id. at 473. Notwithstanding anything to the contrary, each terminated bank will continue to be entitled to the benefits of Articles 2.14, 3.4 (b), 4.3, 11.3, 11.8, 12.1 (b), 12.1.
(c) and 12.1(d) (in any event, to the extent that these obligations arose before the date of entry into force of the contract of assignment applicable to it). Garner`s Dictionary of Legal Usage, section 615, expresses my opinion on this matter: Use of the term notwithstanding any other provision to the contrary or other provision hereof may assist you in adjusting certain contractual rights and obligations without altering other aspects of the Agreement. Most written contracts have many moving parts. Sometimes, at the end of negotiations, the parties agree on something that may differ from something else they have already agreed. You insert the new provision into the document and want the provision to replace anything inconsistent in the document. The question that literalist illustrators ask themselves is: what can`t resist something else? Are the restrictions in § 3.5 “not tolerated” (i.e. subordinated) to this section or is this section “non-compliant” (subordinate to) § 3.5? Since the first is the correct reading, some believe that, regardless of this, it should be sent at the end of the sentence in which it appears: the restrictions contained in § 3.5 anyway, as opposed to all the restrictions contained in § 3.5. Fifth, it should be recalled that the initial royalty credit and the start-up royalty credit totalling $65,000 would offset the payments to which Pronschinske would be entitled from Kaw Valley. In this case, the minimum production licence fee for the first year would be almost entirely offset by the other appropriations, a result that is not even mentioned in paragraph 6. To Judge Rovner, this seemed implausible.
But this literalist argument is very futile, as evidenced by the OED with an example from the 14th century as a prepositional sentence beginning. This use has been constant from the 1300s to the present day. In fact, whatever the name, the construction first appeared more than a century later and has never been so common. I see that, nevertheless, it is constantly used in agreements regardless of the position of its supplement (or at least the clear identification of its supplement), which can lead to these contrary interpretations. . The phrase “notwithstanding any provision to the contrary in this document” could be read literally to mean that the addition should fall on anything else in the document with which it is in conflict. However, this is not the meaning we are looking for. It seems to me that the correct wording would be to use the paragraph with “Despite all that is different in this area, … “, which makes it clear that the following will prevail over the rest of the agreement. As a subject, the word creates a priority of provisions regardless of this. When we`re done, you can use this phrase in the next contract you negotiate! Just as contractors use holds to make final adjustments to their work, rather than tearing up and replacing other aspects, lawyers will use “independently of other provisions” as a means of adjusting the contract without tearing up and replacing other provisions.
The principles of contract interpretation are well known. When the parties to a contract “set out their agreement in a clear and complete document”, their intention is “determined at the four corners of the instrument and applied according to its terms”. See Vermont Teddy Bear Co. . . .