definiens: means, with respect to the efforts to be expended by a Party with respect to any objective, those reasonable, go od faith efforts to accomplish such objective as su ch Party would normally use to accomplish a similar objective unde r similar circumstances . With respect to any effort s relating to the Development, Marketing Approval, Manufacturing or Commercialization of a Product by a Party, gener ally or with respect to any particular country in the Terri tory, such Party will be deemed to have exercised if such Party has exercised tho se efforts that would be normally used by such Part y, in the relevant country, with respect to other gene therap y products or gene therapy product candidates, as a pplicable, ( a ) of similar modality controlled by such Party ; o r ( b ) ( i ) to which such Party has similar rights, ( ii ) which is of similar market potential in such country, and ( iii ) which is at a similar stage in its development or product life cycle, as such Product, in each case, taking into a ccount all Relevant Factors in effect at the time s uch efforts are to be expended . Further, to the extent that the per formance of a Party ’s obligations hereunder is adve rsely affected by the other Party ’s failure to perform its obligat ions hereunder, the impact of such performance fail ure will be taken into account in determining whether such Part y has used its Commercially Reasonable Efforts to p erform any such affected obligations