definiens: means, with respect to the efforts to be expended by a Party with respect to anyobjective, [ … * * * … ] . With respect to any efforts relating to the Development, Regulatory Approval or Commercialization of aCompound, Product, Pharmaceutical Product or Product Delivery Device by a Party, generally or with respect to any particularcountry in the Territory, a Party will be deemed to have exercised Commercially Reasonable Efforts [ … * * * … ] as applicable(a ) of similar modality Controlled by such Party, or ( b ) ( i ) to which such Party has similar rights, ( ii ) which is of similar marketpotential in such country, and ( iii ) which is at a similar stage in its development or product life cycle, as the Compound, Product, Pharmaceutical Product or Product Delivery Device, in each case, taking into account all Relevant Factors in effect atthe time such efforts are to be expended . Further, to the extent that the performance of a Party ’s obligations hereunder isadversely affected by the other Party ’s failure to perform its obligations hereunder, the impact of such performance failure willbe taken into account in determining whether such Party has used its Commercially Reasonable Efforts to perform any suchaffected obligations