Proviso

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Proviso

A condition, stipulation, or limitation inserted in a document.

A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided.

A proviso clause in a statute excepts something from statutory requirements, qualifies the statute, or excludes some potential area of misinterpretation.

proviso

n. a term or condition in a contract or title document.

See: arrangement, article, attornment, clause, condition, need, option, prerequisite, provision, qualification, requirement, reservation, salvo, specification, term, ultimatum, understanding

PROVISO. The name of a clause inserted in an act of the legislature, a deed, a written agreement, or other instrument, which generally contains a condition that a certain thing shall or shall not be done, in order that an agreement contained in another clause shall take effect.
     2. It always implies a condition, unless subsequent words change it to a covenant; but when a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Co. 72; Cro. Eliz. 242; Moore, 707 Com. on Cov. 105; Lilly's Reg. h.t.; 1 Lev. 155.
     3. A proviso differs from an exception. 1 Barn. k Ald. 99. An exception exempts, absolutely, from the operation of an engagement or an enactment; a proviso defeats their operation, conditionally. An exception takes out of an engagement or enactment, something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Amer. Jurist, 242; Plowd. 361; Carter 99; 1 Saund. 234 a, note; Lilly's Reg. h.t.; and the cases there cited. Vide, generally Amer. Jurist, No. 16, art. 1; Bac. Ab. Conditions, A; Com. Dig. Condition, A 1, A 2; Darw. on Stat. 660.

References in periodicals archive ?
Posed by an intelligent painter who accompanied me to Tyler Vlahovich's fine debut solo show, these unanswerable questions reflect the terms of my own search for a way to consider painting without provisos.
government limitations and provisos and pre-empt them.
Officials finally agreed, but with plenty of provisos.
The agreement also includes provisos that engage Star Navigation to provide wireless telephony in the aircraft and complete monitoring of the ISMS(TM) transmissions from the aircraft and further contract Star Navigation to generate monthly reports based upon specifically defined requirements determined by the management of Sahara Airlines Ltd.
Subject to these provisos, the potential divestment would include all of Zeneca Specialties' worldwide operations and in the event of a sale it is Zeneca's intention that all relevant employees would transfer to the new owner.