An obligation to use 'all reasonable endeavours' to achieve a result by a fixed sunset date requires the concurrent pursuit of all reasonably necessary steps to maximise the chance of achieving the objective by that date; a commercially prudent but slow 'softly, softly' approach that stages activities sequentially is insufficient. An unexercised unilateral right to extend the sunset date is irrelevant to measuring compliance with the endeavours obligation. A contractual termination notice giving time to cure a breach may validly be given even where the breach is incapable of cure within the notice period. The giving of a contractual termination notice does not constitute an election waiving the right to terminate at common law for fundamental breach, as both are rights to terminate and are not inconsistent.
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