definiens: means with respect to the efforts to be expended by ASLAN under this Agreement, active and diligent efforts and resources to develop and commercialize Products, and to obtain the optimum commercial return for such Products throughout the world consistent with the exercise of prudent scientific and business judgment, as are typically applied by ASLAN ( and in any event not less than are typically applied by biotechnology and/or pharmaceutical companies that are similar in size and financial resources as ASLAN ) when actively and diligently pursuing development or commercialization of its other similarly important innovative pharmaceutical products of comparable commercial potential, taking into account all relevant factors including, as applicable, stage of development, efficacy and safety relative to competitive products in the marketplace, actual or anticipated governmental approved labeling, the nature and extent of market exclusivity ( including patent coverage and regulatory exclusivity ), cost and likelihood of obtaining Marketing Approval in 3 Confidential treatment of certain confidential information contained in this document, marked in bold and by brackets, is being sought pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended