definiens: means, with respect to any Person, the efforts ami resources that would be used ( including the promptness in which such efforts and resources would be applied ) by such Person consistent with its normal business practices, which in no event shall be less than thl ! level of efforts and resources standard in the pharmaceuti cal industry for a company similar in siLe and scope to such Person, with respect to a product at a similar stage in its development or product life taking illto account efficacy . safety . commercial value, the competitiven ess of alternative products of third parties that are in the marketplace or under development . and the Patent and other proprietary position of such product . Notwithstanding anything herein to the contrary, the to be used by Buyer under this Section 4.02(c ) shall not be less than those dTor1s Parent would he obligated to take under this Section 4.02(c ) if Parent had executed and delivered this Agreement as Buyer