definiens: means ( i ) with respect to Five Prime’sobligations with respect to performance of the Current Combination Trial, the carrying out of such obligations ortasks ( including the activities set forth on Schedule 4.3(k ) ) with a level of effort and resources consistent with thecommercially reasonable practices normally devoted by a similarly situated biotechnology company, subject toand in accordance with the terms and conditions of this Agreement ; and ( ii ) where applied to all other obligationsor activities of a Party hereunder, the carrying out of such obligations or activities with a level of effort andresources consistent with the commercially reasonable practices normally devoted by a similarly situatedpharmaceutical company ( where [COMPANY] is the Party ) or a similarly situated biotechnology company ( where FivePrime is the Party ), as part of an active and continuing program of development or commercialization of apharmaceutical product of similar market potential, at a similar stage of its product life, taking into account thecompetitiveness of the marketplace, the proprietary position of the product, the regulatory status, the pricing andlaunching strategy and the relative safety and efficacy