definiens: means ( a ) with respect to any objective by any Pa rty, commercially reasonable, diligent, good faith effor ts to accomplish such objective as such Party would normally use to accomplish a similar objective under similar circumstances ; and ( b ) with respect to any CUBIST objective to Obtain Regulatory Approval of or Commercialize a ny Product, efforts and resources normally used by such Party with respect to a product owned by such Party or to which such Party has similar rights which is of similar market potential at a similar stage in the developm ent or life of such product, taking into account al l relevant factors in all relevant jurisdictions, taken as a w hole, including, but not limited to, issues of safe ty, efficacy, product profile, the competitiveness of the marketp lace, the proprietary position of the product ( incl uding whether the Product is reasonably likely to infring e the intellectual property or other proprietary ri ghts of a Third Party in any jurisdiction ), the regulatory structur e involved and the Regulatory Approval for the Prod uct in each jurisdiction ( including but not limited to, the ext ent of the indications for such Product has been ap proved ), the level of reimbursement available for the Product in each jurisdiction, and the perceived market potent ial of the Product ( including the anticipated profitability of the Product )