definiens: means, in respect of a Party, efforts and resources commonly used by apharmaceutical company of a similar size to that Party, based on market capitalization, to Commercialize ( or where thephrase ' Commercially Reasonable Efforts ' is used in this Agreement in a context other than relating to Commercialization, to perform such other act as the operative language of this Agreement states ) a product owned by such a company or towhich it has rights, which product is at a similar stage in its development or product life and is of similar market potentialto the Product, in each case taking into account issues of safety and efficacy, product profile, the proprietary position, thethen - current competitive environment for such product and the likely timing of such product ’s entry into the market, theregulatory environment and status of such product, and other relevant scientific, technical and commercial factors, in eachcase as measured by the facts and circumstances at the time such efforts are due and in relation to the country orcountries to which such efforts pertain