definiens: means, for purpos es of Section 1.9(c ) of this Agreement, the use of such efforts and resources as are used by a biophar maceutical company of similar size and market capit alization as Buyer ( or that of the applicable member of the B uyer Rights Group if it is of a larger size and mar ket capitalization than Buyer ) in the exercise of its c ommercially reasonable business practices relating to the development and commercialization of pharmaceutical or biological products with similar commercial pot ential as the relevant Product at a similar stage in produ ct lifecycle, taking into consideration the safety and efficacy of the product, the risks inherent in the development and commercialization of the product, its competiti veness compared to alternative products, the proprietary p osition of the product ( including scope and duratio n of relevant Patent Rights ), the scope of marketing app roval, the regulatory status of the product, whethe r the product is subject to a clinical hold, recall or ma rket withdrawal and the anticipated profitability o f the product