definiens: means, with respect to the performance ofspecified obligations herein by aTyr or [COMPANY] with respect to the Development or Commercialization ofany Licensed Product, that level and quality of efforts and resources commonly dedicated in the brandedproducts pharmaceutical industry by a company to the performance of such obligations in the context ofDeveloping or Commercializing a product of similar commercial potential at a similar stage in its lifecycleto the Licensed Product, in each case taking into account issues of safety and efficacy, product profile, the proprietary position, the then - current competitive environment for such product and the likely timing ofsuch product ’s entry into the market, in each case as measured by the facts and circumstances at thetime such efforts are due ; provided, however, that Commercially Reasonable Efforts will not includeconsideration of ( i ) any pharmaceutical product, other than a Licensed Product, that [COMPANY] is thenresearching, Developing, Manufacturing or Commercializing, alone or with one or more collaborators, or(ii ) the payments required to be made by [COMPANY] to aTyr pursuant to this Agreement