definiens: means such application of effort and resources by a reasonably prudent anddiligent biopharmaceutical company similar in size and stage of operations as the relevant Party as would beconsistent with its actions in respect of a product or compound of similar market potential and at a similar stage in itsdevelopment or product life, taking into account, without limitation, with respect to a product, issues of safety andefficacy, product profile, the proprietary position of the product, the then current competitive environment for theproduct ( other than products the relevant Party may be introducing ) and the likely timing of the product ’s entry into themarket, the regulatory environment of the product, and other relevant scientific, technical and commercial factors(including pricing ), but explicitly not taking into account any financial obligations that would be owed to Zosano underthis Agreement . Notwithstanding the foregoing, to the extent that the performance of a Party ’s responsibilitieshereunder is adversely affected by the other Party ’s failure to perform its responsibilities hereunder, such Party willnot be deemed to have failed to use its CONFIDENTIAL MATERIALS OMITTED AND FILED SEPARATELY WITH THE SECURITIESAND EXCHANGE COMMISSION . DOUBLE ASTERISKS [ * * ] DENOTE OMISSIONS