definiens: shall mean, with respect to the efforts to be expended by Purchaserand its Affiliates, licensees and sublicensees with respect to the Development Milestones and CommercialMilestones, reasonable, diligent, good faith efforts to accomplish any such Development Milestones and CommercialMilestones as is commonly used in the pharmaceutical industry generally to accomplish a similar objective undersimilar circumstances, it being understood and agreed that with respect to the research, development andcommercialization of any Earn - Out Product, such efforts shall be substantially equivalent to those efforts andresources commonly used in the pharmaceutical industry generally by a pharmaceutical company for a product ownedby it or to which it has rights, which product is at a similar stage in its development and is of similar market potentialtaking into account efficacy, safety, approved labeling, the competitiveness of alternative products in themarketplace, the patent and other proprietary position of the product, the likelihood of regulatory approval, theprofitability and commercial potential of the product, but without regard to any Earn - Out Consideration payable underthis Exhibit E