definiens: means that level of effort ( including the promptnesswith which such effort would be applied ) as is customary in the medical device or pharmaceuticalindustry for carrying out in a sustained manner a particular task or obligation to develop andcommercialize medical device or pharmaceutical products, as the case may be as to the Device or theDrug Products, and, in any event, not less than the same efforts that would be expended by a Party todevelop and commercialize a medical device, pharmaceutical product, or a combination thereof, withcomparable perceived market potential, at a similar stage in its development or product life, withcomparable regulatory pathways and cost of development, manufacture and bringing to market, takinginto account the prevalence of the indication, the competitiveness of alternative products, the patentand other proprietary position of such product, the likelihood of Regulatory Approval, its profitability, the availability of funding to support the development, manufacture and commercialization of theproduct and all other relevant factors . Commercially Reasonable Efforts shall be determined on amarket - by - market basis