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Subject to an Agreement to the Contrary Meaning

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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 such obligations arose before the effective date of the applicable assignment contract). “Notwithstanding anything to the contrary in this Agreement, the parties agree that Party A will not indemnify Party B for any third party claims arising out of Party B`s acts or omissions” In some other cases, the use of “notwithstanding any provision to the contrary” will be to enter into a transaction and avoid other sections of the Agreement that have already been negotiated and agreed: can be modified. In another clause, you can say that, notwithstanding anything to the contrary, the customer is responsible for paying a $100 cancellation fee. 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 areas of the Agreement. Notwithstanding anything to the contrary, a multi-year order placed under the Framework Agreement must comply with FAR Subpart 17.1 and any applicable funding restrictions. Notwithstanding anything to the contrary above, if your employment is terminated by the Company and its affiliates and such termination constitutes a “termination of employment” within the meaning of Air Products and Chemicals, Inc. Notwithstanding anything to the contrary above, supplier has the right to assign all or part of this Agreement or THE PPE. to an affiliate of the PROVIDER after thirty (30) days prior to the CLIENT`s written notification and subject to receipt of all official approvals from the CLIENT. 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 p.

473. In this example, the author`s intention is to ensure that the current provision prevails over Article 5 of the Agreement and uses “any other contrary provision” as a just fallback to protect that clause from further unintended conflicts in the Agreement. What does “regardless of things to the contrary” mean? Notwithstanding anything to the contrary, no change shall contribute to reducing the accrued benefit of a person who is a participant at the time of acceptance of the change. A contrary agreement often occurs when a contract between two or more parties is sought, but one or more of the parties are a company that has not yet been established. In fact, the contract has a party who, unless otherwise agreed, is a person acting for or as an agent for the company. The person/agent is therefore personally liable, unless otherwise agreed. The High Court case of Royal Mail Estates Limited v Maple Teesdale Borzou Chaharsough Shirazi recently faced the interpretation of an agreement to the contrary. In this case, Kensington Gateway Holdings Ltd (the “Company”) purported to enter into a contract with Royal Mail Estates Limited (“Royal Mail”) for the sale and purchase of real estate. The landowner argued that the “whatever” wording in the middle of the paragraph about production royalties required the mining company to pay at least $75,000 per year, whether or not it developed the land, that is, the annual catch-up agreement implied that if the mining operation did not take place within a year and that, therefore, the mining company did not pay any production royalties. it should still be $75,000 a year. In a paragraph of the agreement that dealt with payment, the mining company agreed to pay production royalties based on the amount of material it was extracting.

The paragraph that covered the production licence fee read as follows: “Notwithstanding anything to the contrary in this document, the lessee shall pay the lessor a minimum annual production licence fee of $75,000.” Id. at p. 472. The paragraph goes on to say that if production royalties were less than $75,000 in a given year, the mining company would make a catch-up payment at the end of the year. The main purpose of using this expression, notwithstanding anything to the contrary, is to give more weight to one contractual term, statement or provision over another. “Quite the opposite” essentially means that. 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. In these cases, lawyers often use a phrase like “No matter what is included here.” Then they add the particularly important determination, which requires special construction. This common writing technique invites trouble. This means that the treaty could say two different and inconsistent things.


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