definiens: means with respect to a Party the level of efforts and resources such Party would typically exert insimilar circumstances pursuing the development and commercialisation of a similar product with similar marketpotential taking into account the stage of development or commercialisation, market potential and market size, theproduct life cycle, the risk of development or commercialisation of the Licensed Product, the cost effectiveness ofefforts or resources, the competitiveness of alternative products that are or are expected to be in the marketplace, thescope and duration of patent rights or other proprietary rights related to the Licensed Product, and the profitability ofthe Licensed Product and alternative products . The efforts and resources of each Party ’s respective Affiliates andSub - Licensees shall count towards that Party ’s own Diligent Efforts . Notwithstanding the foregoing, the exercise ofdiligence by the Licensee shall be determined by judging the Licensee ’s commercially reasonable efforts taken as awhole, because the Licensee does not always seek to market its own products in every country or seek to obtainRegulatory Approval in every country or for every potential indication