definiens: means the carrying out of the subject activities using efforts and resources comparable to the efforts and resources that OPI or other pharmaceutical companies of then similar siz e and capitalization to OPI would typically devote to pha rmaceutical products of similar market potential at a similar stage in Development or product life, taking into a ccount, using OPI ’s reasonable judgment, all scient ific, commercial, and other conditions and factors that O PI or other such pharmaceutical companies would rea sonably take into account, including issues of safety and e fficacy, expected and actual cost and time to Devel op, medical and clinical considerations, expected and actual pr ofitability, expected and actual competitiveness of alternative Third Party products ( including generic or biosimil ar products ) in the marketplace, the nature and ext ent of expected and actual market exclusivity ( including p atent coverage and regulatory exclusivity ), the exp ected likelihood of Regulatory Approval, the expected and actual reimbursability and pricing, and the expect ed and actual amounts of marketing and promotional expendi tures required ; provided, however, that such efforts shall include the right of OPI, using its reasonable judg ment, to suspend, discontinue or decrease efforts i n circumstances where such suspension, discontinuatio n or decrease is consistent with the exercise of Commercially Reasonable Efforts