Notwithstanding Anything In The Agreement To The Contrary

Despite this, it means “anyway”. Let us first consider, in a sentence, as a preposition: despite all that the opposite means, despite all the notions that may conflict with this provision or this declaration. The phrase “notwithstanding” can also create another type of confusion, as shown in Pronchinske Trust of March 21, 1995 against Kaw Valley Co., 899 F.2d 470 (7th Cir. 2018). In 2012, a landowner signed a mining lease with a mining company that allowed but did not require the exploitation of different sand, stone and rock products. The mining company agreed to pay option fees and key money, but did not commit to mining at all. He could give up the property. The court ruled in favor of the mining company and concluded that “this only concerns sales relating to production royalties.” The Tribunal pointed out that the phrase “Notwithstanding” was published in the middle of a long paragraph on production royalties. It was not a separate paragraph elsewhere in the agreement: “If the provision was intended to make a minimum payment, which was due each year on the anniversary of entry into force, it would be expected that this would be presented separately.” On the date of 473. the language in the sentence provides for “a minimum annual production fee of …”, not “a minimum annual payment” or even “a minimum annual licence fee”. It is referred to as “Production Royalty”, which is defined in this paragraph as a royalty for tonnes of sand, stone and rock products extracted in the field.

According to its definition, it is therefore not applicable before the start of extraction. And the word “minimum” is not capitalized when used in the definition of payment (unlike the parenthesis, if “Minimum Production Royalty” is called a reference for short). Again, the sentence as a whole is as follows: “Notwithstanding provisions to the contrary, the lessee is entitled to the lessor a minimum annual production tax of […] (the “minimum production tax”). Therefore, the non-capitalized word “minimum” is an adjective to the term “Production Royalty” in the sentence and thus sets a minimum or lower limit for royalty production in the paragraph. . . .


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