definiens: means the carrying out of obligations in a diligent and sustained manner using such effort and employing such resources ( a ) in [COMPANY] 's case, as would normally be exerted or employed by a similarly situated biopharmaceutical company for a product of similar strategic importance, and at a similar stage of its product life, based on conditions then prevailing ; and ( b ) in [COMPANY] Idec 's case, that are substantially similar to the effort and resources [COMPANY] Idec would devote to a product of similar commercial or strategic importance, and at a similar stage of its product life, taking into consideration safety and efficacy, development costs, the anticipated prescription label, all payments due to [COMPANY] under this Agreement and all other relevant factors, taking into account the nature of the JCV RNAi Therapeutic and the clinical setting in which it is expected to be used . Commercially Reasonable Efforts shall be determined on a country - by - country basis