Common use of Level of Performance Clause in Contracts

Level of Performance. Each party shall use commercially reasonable efforts to provide the Services (i) consistent with the manner in which such Services were provided by Abraxis and its Subsidiaries prior to the Effective Date (but not including any historical preference or priority given to New Alpha’s products as compared with Gholdco’s products) and consistent with such party’s provisions of such Services for its own business, (ii) subject to Section 5.3, using substantially the same resources as were used by Abraxis to provide such Services with respect to the Businesses prior to the Effective Date and (iii) in accordance with the policies, procedures and practices in effect with respect to the Businesses prior to the Effective Date, with such modifications after the Effective Date as are reasonably acceptable to both parties.