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Contracting parties frequently use terms such as “commercially reasonable efforts,” “reasonable efforts,” “best efforts” or similar standards when describing their expectations regarding the performance of a party’s obligations. However, these terms are inconsistently interpreted by courts and are often subjectively applied.

Practice Pointers – Choosing Standards: “Commercially Reasonable Efforts,” “Best Efforts” and Similar Standards

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Practice Pointers – Choosing Standards: “Commercially Reasonable Efforts,” “Best Efforts” and Similar Standards

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