Best Efforts | Contract Drafting | Commercially Reasonable Efforts

ARTICLES

The Best Efforts Clause – Friend or Foe?

June 27, 2011

Tammi Franke has drafted a lot of agreements between business parties, and has seen many agreements in which one party promises to use "commercially reasonable efforts" or "best efforts" or other similarly difficult-to-define terms.  In this blog post, she explains why these clauses, as drafted, are often not enforceable, and recommends that parties who intend to include these sorts of clauses in their contracts flesh out what they mean so that a court can determine whether or not these "efforts" were met. 

Read the Article at:
The Best Efforts Clause – Friend or Foe?

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