Drafting Transactional Documents and Avoiding Ambiguity
WA Bar News
OCTOBER 8, 2024
Best Efforts: This term is often misunderstood to mean all possible efforts, but case law suggests it means more than “good faith” but not boundless effort. For example, a clause stating: “To the best of its knowledge, Seller is not in violation of any Securities Law” should specify what constitutes “knowledge.” 3d 69 (1st Cir.
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