definiens: shall mean using commercially reasonable efforts and resources, consistent with prudent business judgment, including the carrying o ut of obligations or tasks consistent with the standard of practice in the research - based pharmace utical industry for the commercialization of a pharmaceutical product having similar market potent ial, profit potential or strategic value as the Finished Product, based on conditions then prevaili ng, including the maturity of the Finished Product and the intellectual property protection surroundin g the Finished Product . Diligent Efforts requires t hat MIOL, at a minimum, provided that such actions are commercially reasonable : ( i ) determine the general industry practices with respect to the applicable a ctivities ; ( ii ) reasonably pro mptly assign responsibility for such obligations to specific employee(s ) who ar e held accountable for progress, and monitor such progress on an on - going basis ; ( iii ) set and consis tently seek to achieve specific and meaningful objectives for carrying out such obligations ; and ( iv ) make and implement decisions and allocate resources designed to advance progress with respect to such objectives ; provided that, MIOL will not b e found not to have met its Diligent Effort obligatio ns hereunder to the extent such failure has been caused by Oscient ’s failure to perform its obligati ons under this Agreement