Hot on the heels of last month’s post about a case involving notwithstanding (here) comes another one, courtesy of Peter Mahler, in the form of this post on his New York Business Divorce blog.
By my reckoning, two notwithstanding cases within a month of each other constitutes a bonanza.
What makes the case Peter discusses particularly noteworthy is that it highlights yet another problem with “Notwithstanding any other provision of this agreement to the contrary,” namely that if you have that phrase in each of two conflicting provisions, you have a stalemate.
