definiens: means ( a ) with respect to the efforts to be expended by a Party with respect to any objective that is not hereinafter described, such reasonable, diligent and good faith efforts and resources, consistent with applicable Laws, as such Party would normally use to accomplish a similar objective under similar circumstances, ( b ) with respect to the objective related to the Marketing Authorization of the Product or N e w P re s en t a ti on by A O P, t h e a ppl i ca t i on by AO P, c on s i s te n t w i th th e ex e rci s e of i t s prudent scientific judgment, of diligent efforts and resources to fulfill the obligation in issue, consistent with the level of efforts AOP would normally devote to its own branded product at a si mil ar stage in i ts product l i fe as the Product or New P resen tati on, taking into account scientific, regulatory factors, and the safety and efficacy of the Product or New Presentation, all based on conditions prevailing at the time such efforts are due, provided that neither AOP nor Thera Europe shall have the obligation to conduct Clinical Trials to obtain Marketing Authorization of the Product, including without limitation, New Presentation, and ( c ) with respect to the objective related to the Commercialization of a Product, including without limitation, New Presentation, the application by AOP, consistent with the exercise of its business judgement, of diligent efforts and resources to fulfill the obligation in issue, consistent with the level of efforts AOP would normally devote to its own branded product of comparable commercial value at a similar stage in its product life as the Product, including without limitation, New Presentation, taking into account competitive market conditions in the therapeutic area, all based on conditions prevailing at the time such efforts are due