definiens: means, with respect to each Party ’s obligations u nder this Agreement relating to the Development, Manufacturin g, and Commercialization activities with respect to the Compound or the Licensed Products, the carrying out of such activities using efforts and resources tha t are consistent with the exercise of customary scientifi c and business practices as applied in the pharmace utical industry for a company of a similar stage and size as the en tity and having similar resources, for development, regulatory, manufacturing and commercialization activities cond ucted with respect to products at a similar stage o f development or commercialization and having similar commercial potential, taking into account relative safety and efficacy, product profile, the regulatory envir onment, payers ’ policies and regulations, competiti veness of the marketplace and the market potential of such produc ts, the nature and extent of market exclusivity, in cluding patent coverage and regulatory data protection, and price and reimbursement status