definiens: for the purposes of this Article, means t he efforts and resources which would be used ( including withou t limitation the promptness in which such efforts a nd resources would be applied ) by a party consistent w ith its normal business practices, which in no even t shall be less than the level of efforts and resources standa rd in the pharmaceutical industry for a company sim ilar in size and scope to such party, with respect to a product or potential product at a similar stage in its deve lopment or product life taking into account efficacy, safety, pre - clinical and clinical results or the lack there of, commercial value, regulatory issues factors, standard product planning, the competitiveness of alternative produc ts of third parties that are in the marketplace, and the patent and other proprietary position of such product, an d other market factors . The efforts of a Sublicensee will b e considered the efforts of [COMPANY] for purposes of determining whether Commercially Reasonable Efforts have been met . In determining Commercially Reasonable Efforts with respect to a particular Lic ensed Product, [COMPANY] or its sublicensees may i n all circumstances exercise reasonable and prudent busin ess judgment and sound fiscal management in meeting their diligence and other obligations hereunder