'Best Efforts' Clauses In Commercial Leases

Undefined terms of art such as "best efforts" are often utilized in commercial leases, but the interpretation of those terms and the enforceability of the clause, when left to the courts, will turn on how the lease is drafted.

7 minute readMarch 01, 2023 at 12:13 AM
By
Gary M. Rosenberg, Alexander Lycoyannis
Michael A. Pensabene
'Best Efforts' Clauses In Commercial Leases

In the wake of the global pandemic which caused widespread unforeseen business interruption, "best efforts" clauses in commercial leases have come under scrutiny. While these clauses are often heavily negotiated,

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