definiens: . Commercially Reasonable Efforts means, with respect to theperforming Party, a level of efforts and resources, not less than reasonable efforts and resources, that is consistentwith the efforts and resources that BAXTER or MERRIMACK, as applicable, typically devotes to its own internallydiscovered products, to which it solely owns all rights without financial obligations to any licensor, of similar marketpotential at a similar stage in the development or product life thereof, taking into account scientific and commercialfactors, including issues of safety and efficacy, product profile, difficulty in developing or manufacturing the LicensedCompound or Licensed Product, competitiveness of alternative Third Party products in the marketplace, the patent orother proprietary position of the Licensed Compound or Licensed Product ( including the ability to obtain or enforce, orhave obtained or enforced, such patent or other proprietary positions ), the regulatory requirements involved and thepotential profitability, cost, market share, price or reimbursement to the performing Party of the Licensed Compoundor Licensed Product marketed or to be marketed