Efforts Provisions in Commercial Contracts: Best Efforts, Reasonable Efforts, and Commercially Reasonable Efforts | Practical Law
This Practice Note discusses the use of efforts clauses in commercial contracts, including the various definitions and standards that courts apply to best efforts, reasonable efforts, and commercially reasonable efforts terms. Because of the lack of uniformity in the use and interpretation of efforts terms among attorneys, courts, and under the Uniform Commercial Code (UCC), efforts clauses can lead to uncertainty in contract interpretation and performance. This Note provides practical tips to avoid this uncertainty.