The non obstante clause, also known as a notwithstanding clause, is a legal provision that enables parties to an agreement to override or ignore other clauses contained within the agreement. This clause is common in legal agreements and is used to protect the parties from unintended consequences and to ensure a smooth execution of the agreement.

The non obstante clause is often included in contracts, such as employment agreements, lease agreements, and purchase agreements. This clause allows the parties to ignore certain clauses in the agreement if they are not in line with the overall intent of the agreement or if they conflict with the law.

For example, a lease agreement may include a non obstante clause that would allow the landlord to evict a tenant even if the tenant had not breached any other part of the agreement. This could be necessary in the case of a tenant who is causing damage to the property or is involved in illegal activities on the premises.

However, it is important to note that the non obstante clause should not be used to circumvent the law or to violate the rights of the other party. The clause should only be used when necessary and in good faith.

One of the benefits of the non obstante clause is that it can provide flexibility in an agreement. It can allow parties to respond to unforeseen circumstances or changing circumstances without having to renegotiate the entire agreement. This can save time and money for all parties involved.

In order to ensure that the non obstante clause is used appropriately, it is important to have a clear understanding of the underlying legal principles and to consult with legal professionals when drafting the agreement. This can help to ensure that the clause is written in a way that is legally valid and that it does not conflict with other parts of the agreement or with the law.

In conclusion, the non obstante clause is an important legal provision that can provide flexibility and protection for parties to an agreement. It should be used carefully and in good faith in order to ensure that it serves its intended purpose and does not create unintended consequences or violations of legal rights.