Commercially Reasonable Effort definition

Commercially Reasonable Effort means the efforts and resources customarily used in the industry by a company of similar size for a product with an equivalent sales and profit potential to the Final Product.

Commercially Reasonable Effort means efforts that use a standard of reasonableness defined by what a similar person would do to accomplish the ultimate goal, as judged by the standards of the applicable business community.

Commercially Reasonable Effort means, with respect to a Party, those efforts and resources, as applicable, relating to a certain activity or activities, including, without limitation, the research, development and commercialization of a Product (hereinafter defined) in accordance with such Party’s business, legal, medical and scientific judgment, such reasonable efforts and resources to be in accordance with the efforts and resources a reasonably comparable pharmaceutical company would use for a product owned by it, or to which it has rights, which is of similar market potential, at a similar stage in its product life, taking into account the competitiveness of the marketplace, regulatory status, relative safety and efficacy of such product, product profile, and reimbursement considerations. Commercially Reasonable Efforts will be determined on a country-by-country basis for the applicable Licensed Compound or Product, and the level of effort that is necessary to constitute Commercially Reasonable Effort will change over time, reflecting changes in the status of such Licensed Compound or Product (as applicable) and the market or country involved.

Examples of Commercially Reasonable Effort in a sentence

• Notwithstanding Section 3.1, in the event that either Party’s Transmission Provider ceases to maintain an OATT at any time during the Contract Term, that Party agrees that it shall use Commercially Reasonable Effort to obtain sufficient transmission capacity for delivery of the applicable amount of the Energy to/from the Delivery Point, as applicable.

• In the event that a Party is obligated for indemnification under this Article 17, the amount owing to the Indemnified Party will be the amount of the Indemnified Party’s actual loss net of any insurance proceeds received by the Indemnified Party following a Commercially Reasonable Effort by the Indemnified Party to obtain such insurance proceeds.

• The issue consists of"how-to" questions including issues related to one or multiple modules and integration, installation and configuration inquiries, enhancement requests, or documentation Same Day Commercially Reasonable Effort questions.

• Notwithstanding Section 3.1, in the event that either Party’s Transmission Provider ceases to maintain an OATT at any time during the Contract Term, that Party agrees that it shall use Commercially Reasonable Effort to obtain sufficient transmission capacity for delivery of the applicable amount of the Firm Energy to/from the Delivery Point, as applicable.

• In addition, unless prohibited by Applicable Laws, Licensee shall use Commercially Reasonable Effort to include Exelixis’ corporate trademark on the packaging and product information (i.e. SmPC) of the Products sold in the Licensee Territory to indicate that the Product is licensed from Exelixis.

More Definitions of Commercially Reasonable Effort

Commercially Reasonable Effort means the efforts and resources customarily used in the industry by a company of similar size for a product with an equivalent sales and profit potential to the Product.

Commercially Reasonable Effort means, with respect to a Party, those efforts and resources, as applicable, relating to a certain activity or activities, including, without limitation, the research, development and commercialization of a Product in accordance with such Party's business, legal, medical and scientific judgment, such reasonable efforts and diligence to be in accordance with the efforts and resources a reasonably comparable pharmaceutical company would use for a product owned by it, or to which it has rights, which is of similar market potential, at a similar stage in its product life, taking into account the establishment of the Product in the marketplace, the competitiveness of the marketplace, the proprietary position of the Product, the regulatory structure involved, the profitability of the Product and other relevant factors.

Commercially Reasonable Effort means, with respect to a Party, those efforts and resources, as applicable, relating to a certain activity or activities, including, without limitation, the research, development and commercialization of a Product (hereinafter defined) in accordance with such Party's business, legal, medical and scientific judgment, such reasonable efforts and diligence to be in accordance with the efforts and resources a reasonably comparable pharmaceutical company would use for a product owned by it, or to which it has rights, which is of similar market potential, at a similar stage in its product life, taking into account the establishment of the Product in the marketplace, the competitiveness of the marketplace, the patent or proprietary position of the Product, the regulatory structure involved, the profitability of the Product, the safety and efficacy of the Product, the stage of its development or product life, the clinical setting in which it is expected to be used, and other conditions then prevailing. [**Redacted**]. It is understood that a Party’s Commercially Reasonable Effort will not in any event require that Party to take any action that would be reasonably likely to result in a breach of any other provision of this Agreement, or that the Party in good faith believes may violate any Applicable Laws or any order, or direction of any court or governmental authority having appropriate jurisdiction over the Party and subject matter.

Commercially Reasonable Effort means, with respect to any objective referred to in this Agreement, prompt, accurate, complete, appropriate, responsive and diligent effort, made in a professional and workmanlike manner, using properly qualified individuals and, in any event, a level of effort to achieve such objective equal to or exceeding the level of effort to achieve the same or similar objectives generally used by other professional Information Technology companies providing similar services as the Services referred to in this Agreement and its Annexures.

Commercially Reasonable Effort means reasonable efforts and resources customarily used in the nuclear medicine pharmaceutical industry in the United States for radiopharmaceutical oncology products with equivalent sales potential to the Product.

Commercially Reasonable Effort means, with respect to a Party, those efforts and resources relating to a certain activity or activities, including, without limitation, the research, development and commercialization of the Product in accordance with the efforts and resources a reasonably comparable pharmaceutical company would use for a product owned by it, or to which it has rights, which is of similar market potential, at a similar stage in its product life, taking into account the establishment of the Product in the marketplace, the competitiveness of the marketplace, the proprietary position of the Product, the regulatory structure involved, the profitability of the Product and other relevant factors.

Commercially Reasonable Effort means the effort, time, and costs a prudently managed company desirous of achieving a result would use, expend, or incur in similar circumstances to achieve such outcome, provided that such outcome is within the reasonable control of the company and the company is not required to expend funds or assume liabilities beyond those that are commercially reasonable in nature and amount in the context of the transaction.