definiens: shall mean, ( a ) with respect to the efforts to be expended by a Party to accomplish any objective ( other than any objective relating to development or commercialization of a Product, which is covered by clause ( b ) below ), such reasonable, diligent, and g ood faith efforts as such Party would normally use to accomplish a similar objective under similar circumstances, and ( b ) with respect to the efforts to be expended by a Party with respect to development or commercialization of a Product, the level of reasonable, diligent, good faith efforts that biopharmaceutical companies typically devote to the development, registration and commercialization of products owned by them that are at a similar stage in their development or product life and are of similar mark et potential taking into account efficacy, safety, approved labeling, the competitiveness of alternative products in the marketplace, the patent and other proprietary position of the product, the likelihood of regulatory approval, the profitability of the product, and other relevant factors . shall be determined on a country -by - country and Product -by - Product basis, and it is anticipated that the level of effort and resources that constitute will change over time, reflecting changes in the status of a Product, as applicable, and the country or countries involved . It is expressly understood that the cessation of all development and commercialization efforts with respect to Product shall not con stitute use of Commercially Reasonable Efforts . As used in this Section 1.16, shall mean companies in the biopharmaceutical industry of a size and stage of development similar to that of such Party, including those having huma n pharmaceutical product candidates or products in a similar stage of development to the Compound