definiens: means, w ith respect to Ovid and its obligations under this Agreement, commercially reasonable efforts and resources as commonly used by a similar size pharm aceutical company to Develop and Commercialize a product cont rolled by Ovid or to which it has exclusive rights, which product is at similar stage in its development or p roduct life and is of similar market potential taki ng into account efficacy, safety, approved and/or anticipated label ling, the competitiveness of alternative products s old by Third Parties in the marketplace, the patent and other pr oprietary position of the product, likelihood of re gulatory approval given the regulatory structure involved, t he profitability of the product, [ * * * ], and other r elevant factors, including technical, legal, scientific and/or medic al factors . Commercially Reasonable Efforts shall b e determined on a country - by - country basis and indication - by - ind ication basis for a particular Product, and it is a nticipated that the level of effort will change over the time, refl ecting changes in the status of the Product and the country(s ) involved