definiens: means, for purpos es of Section 1.11(e ) of this Agreement, the use of such efforts and resources as are used by a biophar maceutical company of similar size and market capit alization as Buyer ( or that of the applicable member of the B uyer Rights Group if it is of a larger size and mar ket capitalization than Buyer ) in the exercise of its c ommercially reasonable business practices relating to the development and commercialization of pharmaceutical or biological products with similar commercial pot ential as the relevant MRT Product at a similar stage in p roduct lifecycle, taking into consideration the saf ety and efficacy of the product, the risks inherent in the development and commercialization of the product, i ts competitiveness compared to alternative third - party products, the proprietary position of the product ( including scope and duration of relevant Patent Rights ), the scope of marketing approval, the regulatory status of the product, whether the product is subject to a clinic al hold, recall or market withdrawal and the antici pated profitability of the product