definiens: shall mean, with respect to the efforts to beexpended by a Party with respect to any objective, reasonable, diligent, good faith efforts toaccomplish such objective as such Party would normally use to accomplish a similar objectiveunder similar circumstances, it being understood and agreed that such efforts shall be consistentwith the Collaboration Purpose, and substantially equivalent to those efforts and resourcescommonly used by a Party for a product owned by it, which product is at a similar stage in itsdevelopment or product life and is of similar market potential . Commercially Reasonable Effortsshall be determined on a market - by - market and product - by - product basis in view of conditionsprevailing at the time, and evaluated taking into account all relevant factors, including withoutlimitation, the efficacy, safety, anticipated regulatory authority approved labeling, competitivenessof alternative products that are in the marketplace or under development by Third Parties andother technical, scientific, legal, medical marketing and competitive factors . It is anticipated thatthe level of effort will change over time . In determining whether a Party has used CommerciallyReasonable Efforts, the payments made or required to be made hereunder or under the SupplyAgreement shall not be factors weighed ( that is, a Party may not apply lesser resources or effortsin support of a Licensed Product because it must make any payments hereunder or under theSupply Agreement )