definiens: means the eﬀorts and resources normally used by a party for aproduct, proposed product or technology owned by it or to which it has rights, which is of similar commercialpotential at a similar stage in its development or product life, and having similar market potential, technical risk, and intellectual property protection . Commercially Reasonable Eﬀorts will be determined by taking into account thecharacteristics of the product, proposed product or technology, the technical risk and stage of research, development, or commercialization of the product, proposed product or technology, the cost - eﬀectiveness ofeﬀorts or resources applied towards such product, proposed product or technology, the competitiveness ofalternative third party products, proposed products or technologies that are in the relevant marketplace or forwhich data have been publicly presented or published, the proprietary position of the product, proposed product ortechnology, the regulatory and business environment, the likelihood of regulatory approval and productreimbursement, the actual or projected proﬁtability of the product, proposed product or technology, the relativepotential for product liability exposure, and all other relevant factors . Commercially Reasonable Eﬀorts will bedetermined on an individual product, proposed product or technology, basis, and country - by - country basis, and it isanticipated that the level of eﬀorts and resources may change over time reﬂecting changes in the status of theproduct, proposed product or technology involved . In evaluating neither party will discountor exclude the profit sharing, milestone or other payments payable under this Agreement to the other party