definiens: means ( a ) with respect to the efforts to be expended by a Party with respect to any objectiv e that is not hereinafter described, such reasonable, diligent and good faith efforts and re sources, consistent with applicable Laws, as such Party would normally use to accomplish a similar objective under similar circumstances ; ( b ) with respect to the objectiv e related to the Marketing Authorisation of any Product or New Presentation by Acteli on, the application by [COMPANY], consistent with the exercise of its prude nt scientific judgment, of d iligent efforts and resources to fulfill the obligation in issue, consistent with the level of efforts [COMPANY] would normally devote to its own branded product at a similar stage in its pr oduct life as such Product or -5- [COMPANY] Pharmaceuticals Ltd / Supply, Distribution and Licen sing Agreement / Projet / Distribu tion_Agreement v.19 ( Redacted ) New Presentation, taking into account commercial, scientific, regulatory factors, and the safety and efficacy of such Product or New Presentation, all based on conditions prevailing at the time such efforts are due ; and ( c ) with respect to the objective related to the Commercialization of a Product or New Presentation, the application by [COMPANY], 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 [COMPANY] would normally devote to its own branded product at a similar stage in its pr oduct life as such Product or New Presentation, taking into account competitive market conditions in the therapeutic area, all based on conditions prevailing at th e time such efforts are due . In construing whether [COMPANY] used its Commercially Reasonable Efforts to fulfill an obligation, it shall not be taken into account any pharmaceu tical product [COMPANY] is researching, discovering, developing or Co mmercializing in the Territory other than pursuant to this Agreement