notwithstanding

The term notwithstanding is used as a preposition in drafting contracts to indicate that the substantive provision that follows is to apply in spite of, without regard to, limited by, or prevented from operation by some other provision.

For instance, consider a contract with the following terms:

1. The Supplier shall provide monthly reports on the service levels achieved by the Supplier to the Customer.

2. Notwithstanding the generality of the foregoing, the Supplier shall promptly deliver reports specifying the number of defects in the software to the Customer.'

Clause 2 of the contract requires the the Supplier to report defects in the software promptly and not on a monthly basis as required by clause 1.

The use of the word in contracts does not detract from its plain and ordinary English meaning.

Usage: The services under the contract were delivered notwithstanding the force majeure event.

Related Words: forthwith; immediately; within a reasonable time; reasonable; inter alia.