definiens: . Clinical Trial means any human clinical trial . including any Phase I Clinical Study, Phase II Clinical Study, Phase III Clinical Study or Phase IV Clinical Study, Section 1.9 . Commercially Reasonable Efforts means, with respect to the pcrfonning Party, exel1ing such effolis and employing such resources on a consistent basis throughout the Tenn as would nom1al1y be exel1ed or employed by a company of comparable size and resources with expertise ill developing similar products for a product of similar market potential, profit potential and strategic value at a similar stage of its product life, taking into account the competitiveness of the relevant marketplace, the patent, intellectual property and development positions of Third Parties, the applicable regulatory situation, the commercial viability of the product and other relevant development and commercialization factors based upon then - prevailing conditions, but excluding from consideration any financial obligations of one Party to the othef under this Agreement