Performance
Contract University
Performance
Performance provisions define what each party is actually obligated to do — and what happens when circumstances make full performance difficult or impossible. The specific standard of effort required can significantly affect each party's exposure.
Definitions in This Topic
Best EffortsRequires a party to try as hard as it possibly can to achieve a result, generally held to a higher standard than "commercially reasonable efforts."View →Commercially Reasonable EffortsRequires a party to take the steps a reasonable business in similar circumstances would take to achieve the contractual objective.View →Force MajeureExcuses a party's non-performance when extraordinary events beyond its control — such as natural disasters or government actions — make performance impossible or impractical.View →Service Level AgreementSets measurable performance standards — such as uptime, response times, or quality benchmarks — and specifies remedies if those standards are not met.View →Statement of WorkA detailed document describing the specific tasks, deliverables, timelines, and standards that define what one party has agreed to provide.View →
Related Contract Types
These contract-type guides explain how the provisions above appear in real agreements.
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