definiens: shall mean commercially reasonable efforts to develop and obtain Regulatory Approval in the Territory, consistent with accepted business practices and legal requirements, and comparable to efforts in the pharmaceutical industry for compounds at an equivalent stage of development and similar market potential, ; provided, however, that prior to the first human dose for the Oral Fonnulation, with respect to development of the Oral Fonnulation shall be deemed satisfied upon the earlier of ( a ) administration of the first human dose for the Oral Fonnulation ; or ( b ) cumulative out - of - pocket third party expenses by Versicor in connection with Oral Formulation development pursuant to the Oral Formulation Development Plan equal to or greater than Five Hundred Thousand Dollars ( $ 500,000 ) on or before December 31, 2000 and One Million Dollars ( $ 1,000,000 ) on or before December 31, 2001