definiens: means reasonable and good faith efforts by a Party to accomplish aparticular objective hereunder as such Party would normally use to accomplish a similar objective under similarcircumstances, and, in the case of [COMPANY] ’ efforts to develop and commercialize Compound and Licensed Productshereunder, the level of efforts that a biopharmaceutical company of a size and stage of development similar to Curistypically devotes to a similar pharmaceutical compound or product(s ) owned by it or to which it has rights, whichcompound or product(s ) is at a similar stage in its development or product life and is of similar market potential, takinginto account efficacy, safety, approved labeling, the competitiveness of alternative products in the marketplace, thepatent and other proprietary position of the product, the likelihood of marketing approval given the regulatory structureinvolved, the profitability of the product and other relevant factors