Efforts clause: Copy, customize, and use instantly
Introduction
An efforts clause specifies the level of effort a party must apply to meet their responsibilities under a contract. It provides clarity by defining standards such as "best efforts," "reasonable efforts," or "commercially reasonable efforts," ensuring both parties understand their responsibilities while avoiding ambiguity.
Below are templates for efforts clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Best efforts clause
This variation requires the highest level of effort, indicating a commitment to take all possible actions to fulfill obligations.
The Party agrees to use its best efforts to fulfill its obligations under this Agreement, including taking all actions that a reasonable and prudent person would take in similar circumstances to achieve the desired outcome. This clause reflects a commitment to act diligently and exhaust all reasonable means to meet obligations.
Reasonable efforts clause
This variation sets a standard requiring reasonable and practical efforts without undue burden.
The Party agrees to use reasonable efforts to fulfill its obligations under this Agreement. Reasonable efforts are defined as those actions that a prudent person would take under similar circumstances, balancing cost, feasibility, and the likelihood of success.
Commercially reasonable efforts clause
This variation focuses on efforts that align with standard business practices and commercial practicality.
The Party agrees to use commercially reasonable efforts to meet its obligations under this Agreement. Commercially reasonable efforts are defined as actions consistent with generally accepted industry practices that are reasonable in scope, cost, and likelihood of success.
Good faith efforts clause
This variation emphasizes acting in good faith to achieve the contractual goals.
The Party agrees to make good faith efforts to fulfill its obligations under this Agreement. Good faith efforts require honesty, fairness, and sincerity in pursuing the intended goals while respecting the rights and interests of the other party.
Reasonable best efforts clause
This variation combines the diligence of "best efforts" with the practicality of "reasonable efforts."
The Party agrees to use reasonable best efforts to fulfill its obligations under this Agreement. Reasonable best efforts involve taking all necessary actions that a prudent person would undertake in similar circumstances, considering practicality, cost, and feasibility.
Efforts to avoid harm clause
This variation emphasizes actions to prevent damage or negative outcomes.
The Party agrees to use all reasonable efforts to avoid any harm, damage, or loss arising from its performance under this Agreement. Such efforts include implementing measures to mitigate risks and promptly addressing potential issues.
Diligent efforts clause
This variation requires sustained and focused efforts to meet obligations.
The Party agrees to make diligent efforts to fulfill its obligations under this Agreement. Diligent efforts are defined as continuous and focused actions reasonably required to achieve the agreed-upon objectives in a timely manner.
Commercially diligent efforts clause
This variation ensures that the efforts align with business efficiency and standard practices.
The Party agrees to employ commercially diligent efforts to fulfill its obligations under this Agreement. Commercially diligent efforts require adherence to standard industry practices while maintaining a balance between cost and desired outcomes.
Best commercial efforts clause
This variation requires applying the highest standard of effort within the commercial context.
The Party agrees to use its best commercial efforts to fulfill its obligations under this Agreement. Best commercial efforts involve leveraging all commercially feasible actions that align with industry standards to achieve the intended result.
Reasonable endeavors clause
This variation uses a term commonly found in international contracts, focusing on practicality.
The Party agrees to undertake reasonable endeavors to fulfill its obligations under this Agreement. Reasonable endeavors are defined as actions that are practical and proportionate to the desired outcome, avoiding unnecessary costs or risks.
Efforts to comply clause
This variation ensures the Party prioritizes compliance with legal and contractual obligations.
The Party agrees to use reasonable efforts to comply with all applicable laws, regulations, and contractual obligations under this Agreement. Efforts include taking necessary steps to ensure ongoing compliance and addressing any potential issues promptly.
Continuous efforts clause
This variation emphasizes sustained effort throughout the term of the Agreement.
The Party agrees to maintain continuous efforts to fulfill its obligations under this Agreement. Continuous efforts require a consistent application of resources and actions throughout the performance period to ensure timely and effective results.
Efforts to maximize benefits clause
This variation focuses on maximizing the mutual benefits of the Agreement.
The Party agrees to use commercially reasonable efforts to maximize the mutual benefits under this Agreement. Such efforts include exploring opportunities to enhance performance, improve efficiency, and achieve the best possible outcomes for both parties.
Efforts to minimize delays clause
This variation prioritizes avoiding unnecessary delays in meeting obligations.
The Party agrees to use all reasonable efforts to minimize delays in the performance of its obligations under this Agreement. Efforts include promptly addressing potential obstacles and ensuring timely communication with the other party.
Best reasonable endeavors clause
This variation emphasizes a high standard of effort while maintaining practical limitations.
The Party agrees to use its best reasonable endeavors to fulfill its obligations under this Agreement. Best reasonable endeavors require pursuing all practical actions, taking into account cost, feasibility, and the likelihood of achieving the intended outcome.
Efforts to meet deadlines clause
This variation ensures timely fulfillment of obligations by focusing on meeting deadlines.
The Party agrees to use all reasonable efforts to meet the deadlines specified in this Agreement. Such efforts include allocating necessary resources and promptly addressing potential delays to ensure timely completion of obligations.
Efforts to achieve milestones clause
This variation focuses on efforts required to meet specific project milestones.
The Party agrees to use commercially reasonable efforts to achieve the milestones outlined in this Agreement. Such efforts include regular progress evaluations and adjustments to ensure timely and efficient milestone completion.
Prudent efforts clause
This variation defines a standard of effort aligned with careful and thoughtful decision-making.
The Party agrees to make prudent efforts to fulfill its obligations under this Agreement. Prudent efforts require exercising sound judgment and taking well-considered actions to achieve the desired results while minimizing risks and costs.
Efforts to maintain standards clause
This variation prioritizes maintaining quality and performance standards under the Agreement.
The Party agrees to use reasonable efforts to maintain the quality and performance standards outlined in this Agreement. Such efforts include routine evaluations and corrective actions to ensure compliance with agreed-upon benchmarks.
Efforts to resolve disputes clause
This variation requires focused efforts to resolve disputes amicably before escalating.
The Party agrees to use good faith efforts to resolve any disputes arising under this Agreement through negotiation or mediation before pursuing legal action. Efforts include timely communication and active participation in resolution processes.
Efforts to secure third-party cooperation clause
This variation ensures efforts are made to gain third-party cooperation when required.
The Party agrees to use all reasonable efforts to secure the cooperation of third parties necessary for fulfilling obligations under this Agreement. Such efforts include timely communication and providing any required documentation or assurances.
Efforts to prevent breaches clause
This variation focuses on proactively avoiding breaches of the Agreement.
The Party agrees to use diligent efforts to prevent any breaches of this Agreement. Such efforts include adhering to all terms, proactively addressing potential issues, and maintaining open communication with the other party.
Efforts to protect confidentiality clause
This variation emphasizes protecting confidential information under the Agreement.
The Party agrees to use commercially reasonable efforts to protect the confidentiality of all information shared under this Agreement. Efforts include implementing appropriate security measures and promptly addressing any potential breaches.
Efforts to ensure compliance clause
This variation focuses on fulfilling obligations in compliance with applicable laws and standards.
The Party agrees to use reasonable efforts to ensure compliance with all applicable laws, regulations, and standards relevant to this Agreement. Such efforts include regular reviews and immediate corrective actions if compliance issues are identified.
Efforts to facilitate performance clause
This variation emphasizes actions to support the other party’s performance under the Agreement.
The Party agrees to use reasonable efforts to facilitate the other party’s performance of its obligations under this Agreement. Such efforts include providing necessary information, resources, or approvals in a timely manner to avoid delays.
Efforts to ensure operational continuity clause
This variation prioritizes uninterrupted operations while fulfilling contractual obligations.
The Party agrees to use diligent efforts to ensure operational continuity in fulfilling its obligations under this Agreement. Such efforts include developing contingency plans and promptly addressing disruptions that may impact performance.
Efforts to mitigate losses clause
This variation focuses on minimizing potential losses or damages resulting from non-performance.
The Party agrees to use all reasonable efforts to mitigate any losses or damages resulting from delays, interruptions, or other issues in performing its obligations under this Agreement. Such efforts include promptly notifying the other party of potential risks and implementing mitigation strategies.
Efforts to enhance collaboration clause
This variation emphasizes cooperation and teamwork between the parties.
The Party agrees to use commercially reasonable efforts to enhance collaboration with the other party in fulfilling obligations under this Agreement. Efforts include regular communication, joint planning, and resolving misunderstandings promptly to ensure effective performance.
Efforts to secure necessary approvals clause
This variation ensures that required approvals are obtained efficiently.
The Party agrees to use reasonable efforts to secure all necessary approvals, permits, or consents required to perform its obligations under this Agreement. Such efforts include timely submissions and prompt responses to requests for additional information.
Efforts to minimize disruptions clause
This variation focuses on reducing interruptions during the performance of obligations.
The Party agrees to use diligent efforts to minimize disruptions that may affect the timely and efficient performance of its obligations under this Agreement. This includes taking preemptive actions to address foreseeable issues and maintaining clear communication with the other party.
Efforts to align with industry standards clause
This variation ensures performance aligns with established industry practices.
The Party agrees to use commercially reasonable efforts to ensure that all obligations under this Agreement are performed in alignment with industry standards. Such efforts include ongoing assessments to ensure compliance with best practices and applicable regulations.
Efforts to expedite resolution clause
This variation emphasizes resolving delays or disputes as quickly as possible.
The Party agrees to use reasonable efforts to expedite the resolution of any issues that may delay or hinder the performance of its obligations under this Agreement. Efforts include immediate identification of the problem and cooperation in finding a resolution.
Efforts to support third-party compliance clause
This variation focuses on ensuring third parties adhere to contractual requirements.
The Party agrees to use all reasonable efforts to ensure that any third parties engaged in the performance of this Agreement comply with its terms. This includes monitoring third-party actions, providing guidance, and taking corrective measures if necessary.
Efforts to adapt to changing circumstances clause
This variation requires the parties to adjust their efforts in response to unforeseen challenges.
The Party agrees to use diligent efforts to adapt to any changing circumstances that may affect the performance of this Agreement. Efforts include revising strategies, reallocating resources, and maintaining flexibility to address unforeseen challenges effectively.
Efforts to maintain timelines clause
This variation focuses on ensuring adherence to the timelines specified in the Agreement.
The Party agrees to use reasonable efforts to maintain the timelines established in this Agreement. This includes promptly addressing delays, reallocating resources, and communicating any potential changes to the other party.
Efforts to achieve mutual goals clause
This variation emphasizes actions aimed at achieving shared objectives between the parties.
The Party agrees to use commercially reasonable efforts to achieve the mutual goals outlined in this Agreement. Such efforts include regular collaboration, transparent communication, and adapting strategies to align with evolving priorities.
Efforts to ensure resource availability clause
This variation focuses on securing the resources necessary for fulfilling obligations.
The Party agrees to use diligent efforts to ensure the availability of all resources, personnel, or materials required to perform its obligations under this Agreement. This includes proactive planning and sourcing to prevent interruptions.
Efforts to remedy performance failures clause
This variation requires prompt action to address and correct performance deficiencies.
The Party agrees to use all reasonable efforts to remedy any performance failures or deficiencies that may arise during the term of this Agreement. Such efforts include identifying the root cause, implementing corrective actions, and notifying the other party of progress.
Efforts to maintain confidentiality clause
This variation ensures protection of confidential information during performance.
The Party agrees to use commercially reasonable efforts to maintain the confidentiality of any proprietary information disclosed under this Agreement. This includes implementing security measures, limiting access, and promptly reporting any breaches.
Efforts to achieve compliance with third-party standards clause
This variation focuses on aligning performance with external third-party standards.
The Party agrees to use reasonable efforts to comply with all third-party standards applicable to the obligations under this Agreement. Such efforts include obtaining certifications, following prescribed guidelines, and providing documentation as requested.
Efforts to promote efficiency clause
This variation ensures actions are taken to enhance efficiency during performance.
The Party agrees to use diligent efforts to promote efficiency in fulfilling its obligations under this Agreement. This includes streamlining processes, reducing waste, and optimizing resource utilization to meet contractual goals effectively.
Efforts to avoid disputes clause
This variation prioritizes proactive actions to prevent disputes from arising.
The Party agrees to use good faith efforts to avoid disputes in the execution of this Agreement. Efforts include clear communication, resolving ambiguities promptly, and ensuring transparency in all dealings with the other party.
Efforts to align with contractual objectives clause
This variation ensures performance is consistently focused on meeting the Agreement's overarching goals.
The Party agrees to use commercially reasonable efforts to ensure that all actions taken under this Agreement align with its stated objectives. This includes evaluating decisions to confirm they support the intended outcomes.
Efforts to adapt to regulatory changes clause
This variation focuses on responding to changes in laws or regulations affecting performance.
The Party agrees to use reasonable efforts to adapt its performance under this Agreement to any changes in applicable laws or regulations. Such efforts include updating processes, training personnel, and notifying the other party of compliance measures.
Efforts to secure funding clause
This variation focuses on actions required to obtain necessary funding to fulfill obligations.
The Party agrees to use commercially reasonable efforts to secure the funding required to meet its obligations under this Agreement. Efforts include identifying potential funding sources, submitting applications, and ensuring timely availability of funds.
Efforts to ensure continuous improvement clause
This variation emphasizes ongoing enhancement of performance and processes.
The Party agrees to use diligent efforts to ensure continuous improvement in fulfilling its obligations under this Agreement. This includes regularly reviewing performance, identifying areas for enhancement, and implementing best practices.
Efforts to fulfill conditions precedent clause
This variation addresses fulfilling conditions required before the Agreement takes full effect.
The Party agrees to use all reasonable efforts to satisfy the conditions precedent outlined in this Agreement within the required timeframes. Such efforts include obtaining necessary approvals, completing documentation, and addressing any deficiencies promptly.
Efforts to provide accurate information clause
This variation ensures the Party takes necessary actions to deliver precise and reliable information.
The Party agrees to use reasonable efforts to provide accurate and complete information as required under this Agreement. Such efforts include verifying data accuracy, correcting errors, and responding promptly to any inquiries from the other party.
Efforts to implement agreed changes clause
This variation focuses on ensuring timely implementation of changes agreed upon during the Agreement term.
The Party agrees to use commercially reasonable efforts to implement any changes mutually agreed upon during the term of this Agreement. Such efforts include reallocating resources, revising processes, and communicating updates to stakeholders.
Efforts to maintain transparency clause
This variation prioritizes open and transparent communication between the parties.
The Party agrees to use good faith efforts to maintain transparency in its actions under this Agreement. Efforts include providing regular updates, sharing relevant information, and promptly disclosing any issues that may impact performance.
Efforts to address stakeholder concerns clause
This variation ensures the Party takes actions to resolve concerns raised by stakeholders.
The Party agrees to use reasonable efforts to address concerns raised by stakeholders regarding its obligations under this Agreement. Efforts include timely responses, collaboration, and implementing solutions to mitigate issues.
Efforts to ensure timely reporting clause
This variation requires the Party to prioritize meeting reporting deadlines.
The Party agrees to use diligent efforts to ensure all required reports are completed and submitted on time as specified in this Agreement. This includes allocating resources for timely preparation and addressing any delays promptly.
Efforts to ensure data security clause
This variation focuses on protecting sensitive data involved in the Agreement.
The Party agrees to use all reasonable efforts to ensure the security of data shared under this Agreement. Efforts include implementing encryption, access controls, and regular security audits to prevent unauthorized access or breaches.
Efforts to provide staff training clause
This variation emphasizes the importance of training employees to meet obligations.
The Party agrees to use commercially reasonable efforts to provide necessary training to its employees to fulfill obligations under this Agreement. This includes creating training programs, monitoring progress, and ensuring compliance with contractual requirements.
Efforts to maintain environmental compliance clause
This variation ensures adherence to environmental regulations during the Agreement’s performance.
The Party agrees to use reasonable efforts to ensure compliance with all applicable environmental laws and regulations while performing its obligations under this Agreement. This includes monitoring activities, mitigating environmental risks, and promptly addressing any compliance issues.
Efforts to support mutual objectives clause
This variation emphasizes collaborative actions to achieve shared goals under the Agreement.
The Party agrees to use commercially reasonable efforts to support the mutual objectives of both parties under this Agreement. Such efforts include regular collaboration, resource sharing, and alignment of strategies to maximize outcomes.
Efforts to reduce operational risks clause
This variation focuses on actions to identify and mitigate risks that could impact performance.
The Party agrees to use reasonable efforts to identify and reduce operational risks that may hinder the performance of its obligations under this Agreement. Efforts include conducting risk assessments, implementing safeguards, and addressing issues proactively.
Efforts to ensure contractual accuracy clause
This variation ensures that all representations and obligations are accurate and upheld.
The Party agrees to use diligent efforts to ensure the accuracy of all representations, warranties, and obligations outlined in this Agreement. This includes verifying compliance with agreed terms and promptly rectifying any inaccuracies.
Efforts to manage external dependencies clause
This variation requires the Party to manage third-party dependencies effectively.
The Party agrees to use all reasonable efforts to manage external dependencies critical to fulfilling its obligations under this Agreement. Efforts include securing commitments from third parties, ensuring timely delivery of inputs, and addressing delays promptly.
Efforts to foster innovation clause
This variation emphasizes taking actions that drive innovation in fulfilling the Agreement.
The Party agrees to use commercially reasonable efforts to foster innovation in the performance of its obligations under this Agreement. This includes exploring new methodologies, adopting advanced technologies, and continuously improving processes to achieve better outcomes.
Efforts to maintain stakeholder trust clause
This variation focuses on actions to uphold the trust and confidence of stakeholders.
The Party agrees to use good faith efforts to maintain the trust and confidence of stakeholders involved in this Agreement. Such efforts include transparent communication, ethical practices, and timely resolution of concerns raised by stakeholders.
Efforts to adapt performance strategies clause
This variation ensures flexibility in adapting strategies to changing conditions.
The Party agrees to use reasonable efforts to adapt its performance strategies in response to changing circumstances or evolving priorities under this Agreement. This includes reassessing goals, reallocating resources, and maintaining clear communication about adjustments.
Efforts to ensure interoperability clause
This variation emphasizes compatibility and integration with systems or processes.
The Party agrees to use all reasonable efforts to ensure the interoperability of its systems, processes, or deliverables with those of the other party. Efforts include regular testing, collaborative problem-solving, and implementing solutions for seamless integration.
Efforts to maintain ethical standards clause
This variation ensures adherence to ethical practices in fulfilling obligations.
The Party agrees to use diligent efforts to maintain ethical standards in all actions related to this Agreement. This includes compliance with applicable codes of conduct, avoiding conflicts of interest, and ensuring accountability in decision-making.
Efforts to prioritize safety clause
This variation highlights actions to ensure safety in operations or deliverables.
The Party agrees to use commercially reasonable efforts to prioritize safety in all activities performed under this Agreement. Efforts include conducting risk assessments, providing necessary training, and implementing safety protocols to mitigate hazards.
Efforts to uphold brand reputation clause
This variation focuses on actions that protect the reputation of the parties.
The Party agrees to use reasonable efforts to uphold the reputation of both parties while fulfilling its obligations under this Agreement. This includes adhering to branding guidelines, ensuring quality deliverables, and addressing reputational risks proactively.
Efforts to meet performance metrics clause
This variation ensures alignment with predefined performance standards.
The Party agrees to use all reasonable efforts to meet the performance metrics outlined in this Agreement. Efforts include monitoring progress, implementing corrective actions, and regularly reporting on performance outcomes to ensure compliance.
Efforts to ensure timely communication clause
This variation focuses on maintaining open and prompt communication throughout the Agreement.
The Party agrees to use diligent efforts to ensure timely and effective communication with the other party regarding the performance of this Agreement. This includes responding promptly to inquiries, sharing updates, and addressing issues without delay.
Efforts to support contingency planning clause
This variation ensures preparedness for unforeseen events affecting the Agreement.
The Party agrees to use commercially reasonable efforts to support contingency planning to address potential disruptions under this Agreement. Efforts include identifying risks, preparing mitigation strategies, and implementing plans promptly when needed.
Efforts to ensure long-term sustainability clause
This variation emphasizes sustainable practices in fulfilling contractual obligations.
The Party agrees to use reasonable efforts to ensure that its actions under this Agreement contribute to long-term sustainability. Efforts include reducing environmental impact, optimizing resource use, and adhering to applicable sustainability standards.
Efforts to ensure data accuracy clause
This variation requires careful attention to the precision and reliability of shared data.
The Party agrees to use all reasonable efforts to ensure the accuracy and reliability of any data provided under this Agreement. This includes verifying data sources, correcting discrepancies, and promptly notifying the other party of any identified errors.
Efforts to integrate feedback clause
This variation focuses on incorporating feedback to enhance performance or deliverables.
The Party agrees to use diligent efforts to incorporate feedback provided by the other party to improve the quality or effectiveness of its performance under this Agreement. This includes addressing concerns, implementing suggestions, and providing updates on changes made.
Efforts to mitigate contractual risks clause
This variation emphasizes actions to reduce risks associated with contractual obligations.
The Party agrees to use commercially reasonable efforts to mitigate risks that may arise during the performance of this Agreement. This includes identifying potential issues, implementing preventive measures, and promptly addressing any risk-related concerns.
Efforts to maintain service continuity clause
This variation ensures uninterrupted delivery of services throughout the Agreement term.
The Party agrees to use reasonable efforts to maintain uninterrupted service delivery under this Agreement. Efforts include developing contingency plans, allocating resources effectively, and addressing disruptions immediately to restore normal operations.
Efforts to enhance customer satisfaction clause
This variation focuses on achieving a high level of customer satisfaction.
The Party agrees to use all reasonable efforts to enhance customer satisfaction related to its obligations under this Agreement. This includes responding promptly to inquiries, addressing complaints, and delivering high-quality services or products.
Efforts to support innovation clause
This variation emphasizes exploring innovative solutions during contract performance.
The Party agrees to use diligent efforts to explore and implement innovative solutions that improve outcomes under this Agreement. Such efforts include adopting new technologies, improving processes, and seeking creative approaches to fulfill obligations.
Efforts to ensure timely handover clause
This variation requires timely and organized transfer of deliverables or responsibilities.
The Party agrees to use commercially reasonable efforts to ensure a timely and seamless handover of deliverables or responsibilities as specified in this Agreement. This includes providing all necessary documentation, training, or support to the receiving party.
Efforts to uphold quality standards clause
This variation focuses on maintaining the agreed level of quality in performance.
The Party agrees to use reasonable efforts to uphold the quality standards outlined in this Agreement. Efforts include adhering to agreed specifications, conducting quality assurance checks, and promptly rectifying any deficiencies in deliverables.
Efforts to align with partnership goals clause
This variation ensures efforts are focused on achieving shared partnership objectives.
The Party agrees to use diligent efforts to align its actions with the partnership goals outlined in this Agreement. This includes coordinating with the other party, sharing updates, and adjusting strategies as necessary to achieve mutually beneficial outcomes.
Efforts to address unexpected challenges clause
This variation ensures proactive handling of unforeseen difficulties during performance.
The Party agrees to use reasonable efforts to address unexpected challenges that may arise under this Agreement. Efforts include identifying the root cause, implementing corrective actions, and maintaining communication with the other party about progress.
Efforts to comply with security protocols clause
This variation ensures adherence to security requirements outlined in the Agreement.
The Party agrees to use all reasonable efforts to comply with the security protocols specified in this Agreement. This includes implementing necessary safeguards, conducting regular audits, and addressing any breaches promptly.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.