definiens: shall have the meaning given to it in Clause 1.33 ; 1.4 the date first above written ; 1.5 " Commercially [ a level of endeavours at least equal to the level of endeavours that are typically applied by companies in the biopharma sector 1 [ ] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as ~mfci 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 l.15 l.16 1.17 1.18 l.19 Reasonable Endeavours " with similar size and/or resources as Onyx ( as assessed from time to time ) when seeking to expeditiously develop a pharmaceutical product with the market potential of the Licensed Products taking into account all relevant scientific, commercial, · and technical factors, including the proprietary position of the product and the regulatory requirements in Major Markets for the approval of Licensed Products ] ; shall have the meaning given to it in Clauses 11.1 and 11.2 ; shall have the meaning given to it in Clause 16.6 ; shall have the meaning given to it in Clause 1.33 ; the detailed development plan to be prepared by Onyx pursuant to Clause 9.3 ; shall have the meaning given to it in Clause 11.1 ; member states of the European Union as it is constituted from time to time ; United States Food and Drug Administration, or any successor entity thereto ; shall have the meaning given to it in Clause 11.9 ; investigational new drug application as defined by FDA ; any infringement of any of the Licensed Rights ; a third party that commits, or is alleged to have committed, an Infringement ; the international accounting standards within the meaning of Regulation ( EC ) No . 1606/2002 of the European Parliament and of the Council of 19 July 2002, adopted from time to time by the European Commission in accordance with the Regulation ; the know - how, data, trade secrets, manufacturing processes and proprietary information that is owned or controlled by [COMPANY] as of the Commencement Date as set out in Schedule 2 ; means:-(a ) the Patent Applications ; ( b ) any patents granted in respect of the Patent Applications ; ( c ) the granted patents listed in Schedule I ; and ( d ) in relation to any patents falling within ( b ) or ( c ) above, any re - issues, renewals, re - examinations, extensions, confirmations, continuations, continuations - in - part or divisionals thereof, and any Patent Term Extensions granted in connection with such patents ; and ( e ) any foreign counterparts of the foregoing patents and patent applications