Seller Effort Sample Clauses
The Seller Effort clause defines the level of diligence or commitment the seller must apply to fulfill their contractual obligations. Typically, this clause specifies whether the seller is required to use "best efforts," "commercially reasonable efforts," or another standard to achieve certain outcomes, such as delivering goods or obtaining approvals. By clarifying the expected degree of effort, the clause helps prevent disputes over performance by setting clear expectations for both parties.
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Seller Effort. Seller will use commercially reasonable efforts to deliver to Purchaser any SBA Files (or part thereof) that are lost, missing or otherwise not in the possession of either the Purchaser or Seller. Without restricting or limiting the generality of the foregoing, Seller acknowledges and agrees that Purchaser will have no obligation to secure or obtain any assignment that predates the assignment of any SBA Loan to Purchaser that is not contained in the SBA Files. Seller will secure any intervening assignment that may be missing from the SBA Files from the appropriate source. The failure of Seller to deliver any SBA Files (including, without limitation, any intervening assignments other than assignments to Purchaser), any other contents of the SBA Files that are lost, missing or otherwise not in the possession of Seller, will not affect Seller’s obligations under this Agreement, including indemnification obligations.