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.

About the author

Ken Adams is the leading authority on how to say clearly whatever you want to say in a contract. He’s author of A Manual of Style for Contract Drafting, and he offers online and in-person training around the world. He’s also chief content officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to assist with review of contracts.