definiens: means, with respect to the overall efforts to be expended by [COMPANY] toDevelop a [ * * ] Product under this Agreement, expending a commercially reasonable level of efforts, by or on behalf ofJanssen ( through its and its Affiliates ’ and Third Party subcontractors ’ collective activities ), to conduct the applicableDevelopment activities ( including in the event of any [ * * ], expending efforts to seek to [ * * ], if, and to the extent, it iscommercially reasonable to do so ), which efforts are those that are consistent with the level of efforts typically ( froman objective standpoint ) expended in the human pharmaceutical industry by similarly resourced companies undersimilar circumstances considering all relevant factors that may affect Development, such as the stage ofDevelopment, product profile ( including in comparison with the Key Profile Targets and the profiles of competitiveproducts and regimens ), costs, technical challenges, market potential, regulatory requirements and approvability, patient population, freedom to operate hurdles, legal issues, safety and tolerability data, manufacturing issues, competitive position, projected profitability and return on investment ( but excluding consideration of clinical milestonepayments to [COMPANY] hereunder ), in each case using reasonable business judgment at the time such efforts are to beexpended