definiens: means, for purposes of Section 1.9(c ) of this Agreement, the use of such eﬀorts and resources as are usedby a biopharmaceutical company of similar size and market capitalization as Buyer ( or that of the applicable member of the Buyer Rights Group if it is of alarger size and market capitalization than Buyer ) in the exercise of its commercially reasonable business practices relating to the development andcommercialization of pharmaceutical or biological products with similar commercial potential as the relevant Product at a similar stage in product lifecycle, taking into consideration the safety and eﬃcacy of the product, the risks inherent in the development and commercialization of the product, itscompetitiveness compared to alternative products, the proprietary position of the product ( including scope and duration of relevant Patent Rights ), thescope of marketing approval, the regulatory status of the product, whether the product is subject to a clinical hold, recall or market withdrawal and theanticipated profitability of the product