“Commercially Reasonable Efforts” means with respect to the efforts to be expended by a Party regarding any objective under this Agreement, the reasonable, good-faith efforts to accomplish such objective that a reasonable Person similarly situated would normally use to accomplish a similar objective under similar circumstances exercising reasonable business judgment, taking into account, without limitation, (a) issues of safety, efficacy and product profile, (b) likelihood of receiving Regulatory Approval for the applicable product, (c) regulatory structure involved, and (d) actual or anticipated Regulatory Authority approved labeling. “Commercially Reasonable Efforts” will be determined on a country-by-country basis in the relevant countries, and activities that are conducted in one country that may contribute to achieving the relevant objective in another country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.
“Commercially Reasonable Efforts” meansmeans, with respect to the efforts to be expended by any Person, with respect to any objective, those efforts that would be used by a Party regarding any objective under this Agreement,pharmaceutical or biotechnology company in the reasonable, good-faith effortssame industry as such Person and with resources and capabilities similar to accomplish such objective that a reasonable Person similarly situated would normally use to accomplish a similar objective under similar circumstances. With respect to any objective relating to the research, Development or Commercialization of a Licensed Product, “Commercially Reasonable Efforts” means that level, caliber and quality of efforts and resources consistent with those efforts and resources commonly used by a pharmaceutical or biotechnology company under similar circumstances exercising reasonable business judgment,for similar products or product candidates owned by it or to which it has similar rights, which product or product candidate is at a similar stage in its development or product life and is of similar market potential, taking into account, without limitation, (a)with respect to each Licensed Product, # issues of safety, efficacy andefficacy, product profile, (b)# likelihood of receiving Regulatory Approval for the applicable product, (c)Licensed Product, # potential to accelerate the development and regulatory timelines for the Licensed Product, # regulatory structure involved, # Regulatory Authority-approved labeling, # market potential of the Licensed Product, # potential benefit of the Licensed Product to patients with the relevant indication, # competitiveness in the marketplace, # proprietary position and (d) actual or anticipated Regulatory Authority approved labeling.# other relevant scientific, technical and business factors. “Commercially Reasonable Efforts” willshall be determined on a country-by-country basis in the relevant countries, and activities that are conducted in one (1) country that may contribute tohave an effect on achieving the relevant objective in another country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.EAST\200870719.16
“Commercially Reasonable Efforts” means exercising such reasonable efforts and diligence in accordance with respect toa Party’s reasonable business, legal, medical and scientific judgment and in a manner consistent with and in accordance with the efforts to be expendedand resources such Party would use for a pharmaceutical product owned, licensed in, or controlled by asuch Party regarding any objective under this Agreement, the reasonable, good-faith efforts to accomplish such objective that a reasonable Person similarly situated would normally use to accomplishwhich is of similar market potential at a similar objective under similar circumstances exercising reasonable business judgment,stage of its product life, taking into account, without limitation, (a)account the competitiveness of the marketplace (including the number of competing products), the proprietary position of such product, issues of safety, efficacysafety and product profile, (b) likelihoodefficacy, the regulatory environment, and the profitability of receiving Regulatory Approval for the applicable product, (c) regulatory structure involved, and (d) actual or anticipated Regulatory Authority approved labeling. “Commercially Reasonable Efforts” will be determined on a country-by-country basis in the relevant countries, and activities that are conducted in one country that may contribute to achieving the relevant objective in another country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.product.
“Commercially Commercially Reasonable Efforts” meansEfforts means, with respect to the efforts to be expended by a Party regardingwith respect to any objective under this Agreement, the reasonable, good-faithobjective, exerting such efforts to accomplishand employing such objective that a reasonable Person similarly situatedresources as would normally use to accomplishbe exerted or employed by such Party for a product of similar market potential, profit potential and strategic value at a similar objective under similar circumstances exercising reasonable business judgment,stage of its product life, taking into account, without limitation, (a) issuesaccount efficacy, safety, approved labeling, the competitiveness of safety, efficacy and product profile, (b) likelihood of receiving Regulatory Approval for the applicable product, (c) regulatory structure involved, and (d) actual or anticipated Regulatory Authority approved labeling. “Commercially Reasonable Efforts” will be determined on a country-by-country basis in the relevant countries,marketplace, the patent, intellectual property and activities that are conducted in one country that may contribute to achievingdevelopment positions of Third Parties, applicable regulatory factors, the commercial viability of the product and other relevant objective in another country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.Development and Commercialization factors based upon then-prevailing conditions.
“Commercially Reasonable Efforts” meansEfforts means, with respect to the effortsperformance of Development, Commercialization, or Manufacturing activities with respect to be expendedthe Licensed Compound or a Licensed Product by a Party regarding any objective under this Agreement,Party, the reasonable, good-faith effortslevel of effort required to accomplishcarry out an obligation in a sustained, active and diligent manner consistent with such objective that a reasonable Person similarly situated would normally use to accomplish a similar objective under similar circumstances exercising reasonable business judgment, taking into account, without limitation, (a) issueslevel of safety, efficacy and product profile, (b) likelihood of receiving Regulatory Approval for the applicable product, (c) regulatory structure involved, and (d) actual or anticipated Regulatory Authority approved labeling. “Commerciallyeffort [
]. Commercially Reasonable Efforts” willEfforts shall be determined on a country-by-country basis in(or jurisdiction-by-jurisdiction, where applicable) and indication-by-indication basis, except that the relevant countries,Party may consider the impact of its efforts and activities that are conducted in oneresources expended with respect to any country that may contribute to achieving the relevant objective in another(or jurisdiction) on any other country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.(or jurisdiction).
“Commercially Reasonable Efforts”Efforts means the carrying out of obligations or tasks in a manner consistent with respect to the efforts to be expended by a Party regarding any objective under this Agreement, the reasonable, good-faithdevotes to research, development or marketing of a product or products of similar market potential, profit potential or strategic value resulting from its own research efforts to accomplish such objective that a reasonable Person similarly situated would normally use to accomplish a similar objective under similar circumstances exercising reasonable business judgment,or for its own benefit, taking into account, without limitation, (a) issues of safety, efficacyaccount technical, regulatory and intellectual property factors, target product profile, (b) likelihood of receiving Regulatory Approval forprofiles, product labeling, past performance, costs, economic return, the applicable product, (c) regulatory structure involved,environment and (d) actual or anticipated Regulatory Authority approved labeling. “Commercially Reasonable Efforts” will be determined on a country-by-country basiscompetitive market conditions in the relevant countries,market niche, all based on conditions then prevailing, and activities that are conductedsubject to and in one country that may contributeconsideration of, in each case, the resources available to achieving the relevant objective in another country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.Party and within such Partys organization for such efforts.
Commercially Reasonable Efforts”Efforts means those efforts commensurate with respect tothose efforts commonly used in the efforts to be expendedbiopharmaceutical industry by a Party regarding any objective under this Agreement,company of comparable size in connection with the reasonable, good-faith efforts to accomplish such objective that a reasonable Person similarly situated would normally use to accomplish a similar objective under similar circumstances exercising reasonable business judgment, taking into account, without limitation, (a) issuesdevelopment, manufacturing or commercialization of safety, efficacy and product profile, (b) likelihood of receiving Regulatory Approval for the applicable product, (c) regulatory structure involved, and (d) actual or anticipated Regulatory Authority approved labeling. “Commercially Reasonable Efforts” will be determined on a country-by-country basis in the relevant countries, and activitiesproducts that are conducted in one country that may contributeof similar status, including market potential, profit potential and strategic value, as determined based on conditions then prevailing, including safety, efficacy, competitive considerations within the marketplace, projected market size, intellectual property protection and duration, manufacturing costs, resource allocation, pricing, re-importation concerns, regulatory requirements needed to achieving theachieve Regulatory Approval, and other relevant objective in another country will be considered in determining whether Commercially Reasonable Efforts have been applied in such other countries.commercial and regulatory considerations.
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