definiens: means the expenditure of efforts and resources, consistentwith the exercise of reasonable business judgment and comparable with that of the internal programs of Parent and itsAffiliates ( taken as a whole ) for biopharmaceutical products at a similar stage of development or product life and withsimilar commercial and market potential taking into account all relevant circumstances at the time and taking intoaccount : efficacy, safety, and stage of development or product life ; the expected and actual competitiveness ofalternative products sold by third parties in the marketplace ; the expected and actual Product profile ( includingexpected and actual labeling ) ; the expected and actual Patent and other proprietary position of the Product ; the natureand extent of market exclusivity, including regulatory or data exclusivity ; the expected and actual reimbursability andpricing ; the likelihood and cost of obtaining marketing approval of the Product given the regulatory structure involved;and the expected and actual profitability of the Product ; and other relevant technical, scientific, medical andcommercial conditions then prevailing