definiens: means the commitment of resources and efforts in accordance with reasonable business, legal, medical, and scientific judgment that are consistent with the efforts, resources and judgment that a development stage biotechnology company of similar size and position of BLSI in the marketplace would use in Developing and Commercializing its other pharmaceutical products and compounds which are of similar market potential and at a similar stage in their life cycle, taking into account product labeling or anticipated labeling, market potential, past performance ( if any ), economic return potential, medical and clinical considerations, the regulatory environment, and competitive market conditions in the therapeutic area, including the global impact of regional marketing, launch and pricing decisions, all as measured by the facts and circumstances at the time such efforts are due ; provided, however, that BLSI shall not be entitled pursuant to the foregoing to take into account the fact that it is or may be in the future Developing or Commercializing a product that competes with the Licensed Products