Agreement Notwithstanding Clause

An agreement notwithstanding clause, also known as a “non-obstante clause,” is a provision in a contract that allows certain terms of the agreement to take precedence over conflicting laws or regulations. This clause essentially states that even though a particular law or regulation may exist, the terms of the agreement will still be binding and enforceable.

An agreement notwithstanding clause can be useful in a variety of situations, such as when a party wants to ensure that its contractual rights will not be affected by changes in the law. For example, imagine that a company enters into a contract with a vendor that includes a non-obstante clause. The contract specifies that the company will pay the vendor a certain amount of money for goods or services within a certain timeframe. If a new law is passed that would prohibit the company from making such payments, the non-obstante clause would allow the contract to remain in effect and the company would be obligated to make the payments as agreed.

However, it is important to note that an agreement notwithstanding clause cannot be used to override all laws or regulations. For example, if a contract includes a clause that violates public policy, such as a clause requiring one party to commit a crime, the clause would not be enforceable even with a non-obstante provision.

Furthermore, the effectiveness of a non-obstante clause can vary depending on the jurisdiction in which it is used. Some countries may have laws that restrict the use of such clauses, while others may have laws that specifically allow them. It is important for parties to seek legal advice and consult with experts in the relevant jurisdiction before including a non-obstante clause in a contract.

As a professional, it is important to note that including a non-obstante clause in a contract can also have an impact on search engine optimization. While the clause may help to protect a party`s contractual rights, it can also make it more difficult for search engines to understand the content of the agreement. This can lead to lower search rankings and decreased visibility for the parties involved.

Overall, an agreement notwithstanding clause can be a useful tool for parties looking to protect their contractual rights in the face of changes in the law. However, it is important for parties to proceed with caution and seek legal advice before including such a provision in a contract.