Commercially Reasonable Best Efforts definition

Commercially Reasonable Best Efforts means, with respect to the research, development and commercialization of any product, compound or process, the level of efforts and resources used by [***]

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Commercially Reasonable Best Efforts means the efforts that a prudent person or entity desirous of achieving a result would use in similar circumstances to ensure that such result is achieved as expeditiously as possible; provided, however, that an obligation to use commercially reasonable best efforts under this Agreement does not require the person or entity subject to that obligation to take actions that would result in a Material Adverse Effect on such person or entity or that would materially reduce the benefits to such person or entity of this Agreement and the Merger.

Commercially Reasonable Best Efforts means such reasonable best efforts as do not require the party, to (i) undertake extraordinary or unreasonable measures, including, without limitation, the initiation or prosecution of legal proceedings or the payment of fees in excess of normal and usual filing and processing fees or (ii) assume any additional liability or make any additional commitment.

Examples of Commercially Reasonable Best Efforts in a sentence

If Tenant fails to comply with any Legal Requirements (or fails to exercise Commercially Reasonable Best Efforts in accordance with Legal Requirements and customary business practices for operating a public recreational and aquatic center), such failure could result in a Tenant Event of Default.
From and after the Lease Date, each Party shall use Commercially Reasonable Best Efforts to deliver to the other within five (5) business days of receipt any notices it receives from any governmental or quasi-governmental authority or any Person concerning material violations of Legal Requirements for any units in the Condominium, including the Public Use Unit No. 2, which notices include (but are not limited to) those received pursuant to Section 8.1 hereof.
Tenant shall use and shall employ Commercially Reasonable Best Efforts to cause its invitees, guests and users to use the Public Use Unit No. 2, solely for public recreational and aquatic uses and any uses ancillary or related thereto; provided, however, that a change in such use may be permitted in accordance with the provisions of Article 12 hereof.
The Tenant shall use Commercially Reasonable Best Efforts to prevent such amplified music from emanating into other portions of the Condominium.
Tenant, at its sole cost, risk, and expense, shall comply with Legal Requirements, and shall exercise Commercially Reasonable Best Efforts in accordance with Legal Requirements and customary business practices for operating a public recreational and aquatic center.

More Definitions of Commercially Reasonable Best Efforts

Commercially Reasonable Best Efforts means best efforts consistent with the commercially reasonable and usual practice followed by Licensee in pursuing the commercialization and marketing of similar products to Licensed Products, taking into account safety and efficacy, regulatory requirements and structure, and other relevant market factors.

Commercially Reasonable Best Efforts means that Licensee shall use commercially reasonable efforts consistent with those used by comparable companies of similar size at a similar stage in the United States in research and development projects for methods or compositions reasonably considered to have commercial value and risk reasonably comparable to the Licensed Technology.

Commercially Reasonable Best Efforts means efforts consistent with the efforts and resources as commonly used by a pharmaceutical or biotechnology company, as applicable, of comparable size and resources of such Party for a product at a similar stage of research, development or commercialization having similar product characteristics at a similar stage in its development or product life, taking into account relevant factors including patent coverage, relative safety and efficacy, product profile, the competitiveness of the marketplace, the proprietary position of such product, the regulatory structure involved, the market potential of such product and other relevant factors, including comparative technical, legal, scientific, medical and/or economic factors, all as measured by the facts and circumstances in effect at the time when the relevant activities are conducted.

Commercially Reasonable Best Efforts means those efforts and resources that would be used by an established pharmaceutical company in its capacity as a contract manufacturer (taking into all relevant factors including but not limited to product labelling, stage in the relevant product life, market potential, past performance, availability of resource, economic return, the regulatory environment and competitive market conditions in the therapeutic area), utilizing sound and reasonable scientific and business practice and judgment and its manufacturing expertise, in a diligent and timely manner, all as measured by the facts and circumstances at the time such efforts are due; it being understood however for the avoidance of any doubt that such efforts shall not include, nor shall be deemed to include, (a) the commitment by JAGOTEC to any Major Capital Expenditure and (b) any obligation on JAGOTEC to manufacture and supply the Product at less than a reasonable margin.

Commercially Reasonable Best Efforts when used with respect to any obligation to be performed or term or provision to be complied with under this Agreement, shall mean such efforts as a prudent Person seeking the benefits of such performance or compliance would make, use, apply or exercise to preserve, protect or advance its rights or interests. Such efforts do not require the Person whose performance or compliance is required under this Agreement to incur a material financial cost or a substantial risk of material liability unless such cost or liability (i) is specifically contained in this Agreement or the Settlement Agreement, (ii) would customarily be incurred in the course of performance of or compliance with the relevant obligation, term or provision, (iii) is caused by or results from the wrongful act or negligence of the Person whose performance or compliance is required hereunder, or (iv) is not excessive or unreasonable in view of the rights or interests to be preserved, protected or advanced.

Commercially Reasonable Best Efforts means the efforts, time and costs that a prudent Person desirous of achieving a result would use, expend, or incur in similar circumstances in an effort to achieve such result as expeditiously as possible subject to then existing commercial realities.

Commercially Reasonable Best Efforts means the commercially ------------------------------------ reasonable efforts that a prudent business person or company would expend in the normal course of its business to accomplish an important objective, but does not mean efforts that could, if carried out, have a significant negative impact on the Party's relevant business unit as a whole.