Regardless of my comment under the title “The Vices” (see what I did there?), despite its virtues. I`ve separated them into separate points below, but the benefits are all related and each has to do with practical aspects rather than pure logic and precision. And each involves a coupling with everything that`s different in this agreement if your customer is the party that is the beneficiary of the Trump rule. The tenant pays the landlord a license fee of . for the first 65,000 tons of sand, stone and rock products extracted on the property. After that, the tenant pays the owner a license fee of . for sand, stone and rock products extracted from the property (all such royalties are hereinafter referred to as “production costs”) for sand, stone and rock products extracted weekly from the property (measured from the date of entry into force). . Notwithstanding any other provision hereof, the Renter shall charge the Lessor a minimum annual production fee of . (the “Minimum Production Costs”). In the event that, from the month containing the anniversary of the entry into force, the monthly production taxes (as such on a pro rata basis) do not reach or exceed the minimum production tax, the Lessee will pay the Lessor the difference between the amount actually paid to the Lessor during that year and the minimum production tax for that year. This additional payment is made with the following monthly payment, which is due below. [The court added italics; we added the underscore.] There are many ways to write the sentence despite things to the contrary to mean the same or something similar, such as: In the previous example, it is doubtful that a violation of Article 9.2 is also punishable by the penalty of Article 13.1.
(This does not appear to be so, unless the violation is also a violation of Article 9.1.) The penalty clause applies if Articles 9.1 and 9.2 are amended as indicated: notwithstanding and subject to. Although the meaning of the subject is essentially the same as that of any case, the former appears in the superseded clause and the latter in the dominant clause. The important effect is that the reader of the subject matter is informed that another provision may prevail, whereas the reader of the same clause would not be aware of that predominant provision if that predominant provision indicates only priority. Best practice – notwithstanding the above, no. Notwithstanding the foregoing, the above may seem relatively harmless, since the underrated provision appears to be close, but the above could potentially refer to the previous sentence, the entire previous part of the body of the contract, or something in between. The second circumstance is when an additional mini-deal is made after the deal is concluded, usually something that puts the parties in lasting over a bump. The mini-agreement modifies the outcome of one or more provisions already in place in the agreement, but only for certain special situations. So we go straight to the fate at stake and add our hold (i.e. a “notwithstanding anything to the contrary here”) and pat each other on the back.
Sometimes we even realize that there is something else in the near-finished agreement that needs to be adjusted to accommodate this “last minute adjustment.” Rarely, however, do we reread the entire agreement to see what could be inadvertently “adjusted” by our hold or, even more rarely, what we can rewrite so that no hold is needed. .