definiens: means, with respe ct to the efforts to be expended by a Party with respect to any objective, those reasonable, good fa ith efforts to accomplish such objective [ … * * * … ] . W ith respect to any efforts relating to the Development, Regulat ory Approval or Commercialization of a Compound, Pr oduct, Pharmaceutical Product or Product Delivery Device b y a Party, generally or with respect to any particu lar Jurisdiction in the Territory, a Party will be deem ed to have exercised Commercially Reasonable Effort s [ … * * * … ] as applicable ( a ) of similar modality Controlled by such Party, or ( b ) ( i ) to which such Party has sim ilar rights, ( ii ) which is of similar market potential in such Jurisd iction, and ( iii ) which is at a similar stage in it s development or product life cycle, as the Compound, Product, Pharm aceutical Product or Product Delivery Device, in ea ch case, taking into account all Relevant Factors in effect at the time such efforts are to be expended . Furthe r, to the extent that the performance of a Party ’s obligations hereu nder is adversely affected by the other Party ’s fai lure to perform its obligations hereunder, the impact of such perfo rmance failure will be taken into account in determ ining whether such Party has used its Commercially Reasonable Eff orts to perform any such affected obligations