definiens: means, with respect to the efforts to be expended by a Party with respect to any objective underthis Agreement, those efforts and resources commensurate with those efforts commonly used in the biopharmaceutical industry by acompany of comparable size in connection with the development or commercialization of biopharmaceutical products that are of similarstatus, including, with respect to commercial potential of the product, the proprietary 3 position of the product, the regulatory status and approval process of the product, the probable profitability of the applicable product, and other relevant factors such as technical, legal, scientific or medical factors . In determining the level of efforts constituting the following shall not be taken into account : ( a ) any other pharmaceutical or biologic product aParty is then researching, developing or commercializing, alone or with one or more collaborators or ( b ) any payment required to bemade to the other Party hereunder