Commercially Reasonable Efforts

Commercially Reasonable Efforts. The efforts and resources which would be used (including without limitation the promptness in which such efforts and resources would be applied) by a Party, consistent with generally accepted industry standards, with regard to the activity to be undertaken by such Party.

Commercially Reasonable Efforts. Means (a) with respect to any objective of any party, commercially reasonable, diligent, good faith efforts to accomplish such objective as such party would normally use to accomplish a similar objective under similar circumstances; and (b) with respect to any objective relating to the Development or Commercialization of the Product for any indication by any party, efforts and resources normally used by such party with respect to a product owned by such party or a product for which such party... is granted by a Third Party an exclusive right to develop and commercialize which is of similar market potential at a similar stage in the development or life of such product, taking into account issues of safety, efficacy, product profile, the competitiveness of the marketplace, the proprietary position of the product, the regulatory structure involved, profitability of the product and other relevant commercial factors. Commercially Reasonable Efforts shall be determined on a market-by-market and indication-by-indication basis for the Product, and it is anticipated that the level of effort may be different for different markets and may change over time, reflecting changes in the status of the Product and the indications and/or market(s) involved. View More

Commercially Reasonable Efforts. As to the efforts to be expended by a Party with respect to any objective, the efforts and resources that are consistent with the exercise of customary scientific and business practices that a company within the pharmaceutical or biopharmaceutical industry similarly situated to such Party (including in size and resources) relating to the research, development or commercialization of a similar product with comparable market potential and at a similar stage in its lifecycle, taking into account... all relevant factors, including relative safety and efficacy, product profile, stage in product lifecycle, the regulatory environment, payors' policies and regulations, competitiveness of the marketplace and the market potential of such products, the nature and extent of market exclusivity, including patent coverage and regulatory data protection, and price and reimbursement status. View More

Commercially Reasonable Efforts. With respect to ProPhase's obligations under Section 5.01, the carrying out of such obligations by ProPhase using efforts and resources comparable to the efforts and resources that ProPhase would typically devote to a product of similar market potential at a similar stage of in development or product life, taking into consideration all relevant scientific, commercial, and other factors that ProPhase would take into account, including, without limitation, issues of safety and efficacy, expected... and actual product labelling, expected and actual time to develop, the nature and extent of expected and actual market exclusivity (including Patent coverage), expected and actual profitability (including royalties and other payments required hereunder), expected and actual competitiveness of alternative products, and the expected and actual amounts of marketing and promotional expenditures required View More

Commercially Reasonable Efforts. Those commercially reasonable efforts that are at least commensurate with the level of efforts that a pharmaceutical company of comparable size and resources as those of Parent would devote to a product of similar commercial potential and at a similar stage of development or product lifecycle, taking into account all relevant factors at the time such efforts are expended, which may include, its safety, tolerability, and efficacy, its proprietary position and profitability (including pricing and... reimbursement status, but excluding the obligation to pay the Milestone Amounts under this Agreement), projected costs to develop such product, the competitiveness of alternative third-party products, the patent and other proprietary position of such product, anticipated or actual market conditions and economic return potential and the regulatory environment, geographic market, and other relevant technical, commercial, legal, scientific and/or medical factors. View More

Commercially Reasonable Efforts. With respect to any obligations of a Party under this Agreement, such efforts and resources substantially equivalent [**], in each case as [**], and in no event less than reasonable, good faith efforts, it being understood that the fact that [**], shall be taken into account when considering [**]

Commercially Reasonable Efforts. The commercially reasonable efforts that a prudent Person desirous of achieving a result and having an incentive to and interest in achieving such result would use to achieve that result as expeditiously as reasonably possible under the circumstances

Commercially Reasonable Efforts. With respect to the efforts to be expended by a Party with respect to any objective, the reasonable, diligent, good faith efforts to accomplish such objective as a reasonable global pharmaceutical company would normally use to accomplish a similar objective under similar circumstances, it being understood that, unless otherwise set forth in the Transition Services Schedule or elsewhere in this Agreement, as related to the performance of Services, as applicable, Merck's level of efforts shall be... measured against and be no greater than and shall be in accordance with the efforts expended by Merck to accomplish such particular Service as Merck used during the twelve (12) month period prior to the commencement of such Service View More

Commercially Reasonable Efforts. Shall mean efforts and resources normally used by a Party for a product or compound owned by it or to which it has rights, which is of similar market potential at a similar stage in its development or product life, taking into account issues of safety and efficacy, product profile, the competitiveness of the marketplace, the proprietary position of the compound or product, the regulatory structure involved, the profitability of the applicable products, and other relevant factors.

Commercially Reasonable Efforts. With respect to any obligations or activities of POINT to accomplish an objective under this Agreement, the efforts and resources comparable to those undertaken by a radiopharmaceutical company of comparable size and resources as POINT relating to the research, development or commercialization of a similar product owned by such company, or to which such company has exclusive rights, with comparable market potential and which is at a similar stage in its lifecycle. For this purpose, all relevant... factors, as measured by the facts and circumstances at the time such efforts are due, shall be taken into account, including, as applicable and without limitation, stage of development; efficacy and safety relative to competitive products in the marketplace; actual or anticipated Regulatory Approval; labeling; the nature and extent of market exclusivity (including patent coverage, proprietary position and regulatory exclusivity); and the cost and time required for and likelihood of obtaining Regulatory Approval. View More