definiens: means the carrying out by PII, its Affiliate, subl icensee or Third Party Partner of obligations or tasks in a sustained and continuous manner consistent with the efforts a reasonable Thi rd Party, engaged in the development and commercialization of pharmaceutical products for human use, ordinarily devotes ( including meeting the timelines for develo pment and commercialization ) to a research, develop ment or marketing project for a pharmaceutical product or p roducts of similar market potential, profit potenti al or strategic value to that of the Compound based on co nditions then prevailing . Diligent Efforts includes without limitation, using commercially reasonable efforts t o sublicense the licenses granted under this Agreem ent to a Third Party for the continued development, manufact ure and commercialization of the Compound and the Licensed Products . Notwithstanding the foregoing, t he requirement to exercise does not require that PII conduct Clinical Studies or other Development studies relating to the Compound of the size and scope previously conducted by Third Party pharmaceu tical companies to obtain Regulatory Approval of st atin products for the Indication, except to the extent P II is otherwise required to do so by the FDA . Witho ut limiting the Parties ’ rights under Section 12.18, the Parties understand and agree that delays resul ting from the occurrence of Force Majeure events or Interfering E vents shall not be grounds for RBX to claim a failu re to use Diligent Efforts or that a material breach of this Agreement has occurred ; provided, however, that ( i ) PII uses Diligent Efforts to avoid the occurrence of such de lays, and ( ii ) uses Diligent Efforts to reduce the impact of such delays following their occurrence