definiens: means ( a ) with respect to CPF ’s efforts, the effor ts and resources commonly used by a virtual biotechnology company wi th respect to the prosecution and maintenance of Intellectual Property rights and the development of a compound or product of similar potential at a similar stage in its lifecycle ; or ( b ) with respect - 5 - EXECUTION VERSION CONFIDENTIAL to ProNAi ’s efforts, the efforts and resources comm only used by a drug development company of similar size, remit and resources as ProNAi, for a product at a similar stage in its life cycle, with the objective of developing such product in a diligent and timely manner, taking into consideration its safety, efficacy, the Patent or other proprietary p osition the competitiveness of the marketplace, the regulatory structure involved, and the absolute pro fitability of the product ( without reference to any other products being developed or commercialized by or on behalf of ProNAi or its Affiliates )