definiens: means the effort s that would be expended by the Purchaser in accordance with the us ual practice of the Purchaser in pursuing the devel opment and approval of its own Pharmaceutical Products tha t ( as of the time such efforts would be expended ) h ave market potential, profit potential and strategic va lue similar to that of Aeroquin, and are at a stage of development and/or product life that is similar to that of Aeroquin ( such Pharmaceutical Products of t he Purchaser, ), taking into account ( based on all facts and circumstances existing as of the time such efforts and/or resources would be used ) all relevant factors, without treating Aer oquin in a manner materially less favorable, on a relative bas is, than the Purchaser would treat Comparable Purch aser Products based on all relevant factors . Without lim iting the activities that may constitute the Purchaser ( or its successo r or assign, as applicable ) shall be conclusively d eemed to have used if the Purchaser and/or its current or future Affiliates ( and/or the Purchaser ’s successor or assign and its Affiliates ) individually or collectively expend : ( A ) with resp ect to the Purchaser ’s obligations under Section 2.4(b ), at le ast $ [ * * * ] relating to the preparation of and/or [ * * * ] ; and ( B ) with respect to the Purchaser ’s obligations und er Section 2.4(c ), at least $ [ * * * ], including all amounts expended with respect to the Purchaser ’s obligation s under Section 2.4(c ), relating to the preparation of, [ * * * ] ( it being understood that : ( 1 ) this sentence constitute s a for determining whether have been used, ( 2 ) this senten ce does not create or imply any spending or other o bligation on the part of any Person, or otherwise suggest or establish any standard for measuring whether have been used at any time or d uring any period and ( 3 ) the obligation to use Comm ercially Reasonable Efforts may be satisfied without the exp enditure of any particular amount of funds )