What Efforts Are Best Efforts?

Published Monday, June 01, 1998

The phrase "best efforts" is used constantly in leases. It appears most frequently when both parties agree that one of them should meet a particular objective for the benefit of the other, but the party to perform is uncertain of its ability to meet the objective. Since the party's failure to perform may cause it to be in breach of the lease, one solution is to require only that the party expend a certain amount of effort to attain the objective. As long as the required amount of effort is made, the performing party will not be in ...

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