Notwithstanding anything Clause Samples
The "Notwithstanding anything" clause serves to give a particular provision overriding effect over other terms in the contract. In practice, this means that even if other sections of the agreement appear to conflict with or limit the specified provision, the clause will ensure that the stated term prevails. For example, if a contract generally prohibits assignment but includes a "Notwithstanding anything" clause allowing assignment in certain cases, that exception will take precedence. This clause is used to resolve potential conflicts within the contract and to ensure that the parties' intentions regarding specific issues are clearly prioritized.
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Notwithstanding anything. In Section 5.1.1 to the contrary, the Parties agree that the determination of customer interfaces, marketing, provisioning and delivery for jointly developed new product or services offerings incorporating Buying Party services or Services as described herein will be determined by mutual agreement.
Notwithstanding anything. Herein To The Contrary (Except As Set Forth In Section 10.6.2
Notwithstanding anything contained herein to the contrary, the Company may immediately terminate all or part of this Agreement/Purchase Order as under:
(i) by a written notice to the Service Provider in case of any breach of the terms of this Agreement by Service Provider and has failed to remedy such breach within 30 days from receiving notice from the Company.
(ii) if Service Provider (a) ceases, or threatens to cease, to function as a going concern or conduct its operations in the normal course of business, (b) commences, or becomes the subject of, any bankruptcy, insolvency, reorganization (other than in the course of a corporate re-organization or to an affiliate), administration, liquidation or similar proceedings, (c) makes, or plans to make, a general assignment for the benefit of its creditors, or (d) creditor attaches or takes possession of all or a substantial part of said Party’s assets;
(iii) The foregoing shall not apply to any action or proceeding which is (a) in the reasonable opinion of the Company, frivolous or vexatious; or (b) discharged, stayed or dismissed within ninety (90) days of commencement;
(iv) if Service Provider is unable to carry out its obligations by reason of Force Majeure events and the force majeure continues for a period more than thirty (30) days, then Company may by giving notice in writing, terminate this Agreement with immediate effect. Any such termination shall be without prejudice to any of the right of the Service Provider accrued prior to the date of such termination.