definiens: means, with respect to a particular Party ’s specific obligations under thisAgreement with respect to a Product and a country in the Territory at the relevant point in time, that level of efforts andapplication of resources that is consistent with the usual practice followed by that Party in conducting similar activities, in theexercise of its reasonable scientific, business or regulatory judgment, but in no event less than the level of efforts andresources consistent with the commercially reasonable practices of the research - based pharmaceutical industry in theapplicable country in the Territory, relating to other prescription pharmaceutical products owned or licensed by it or to whichit has exclusive rights that have market potential and are at a stage of development or product life similar to the applicableProduct, taking into account the anticipated or, if applicable, actual Patent coverage and the nature and extent of suchProduct ’s market exclusivity ( including Patent coverage and regulatory exclusivity ), the likelihood of Regulatory Approvalof such Product, the safety and efficacy of such Product, the cost to develop such Product, such Product ’s profile, thecompetitiveness of the marketplace with respect to such Product, the proprietary position of such Product, the regulatorystructure involved with respect to such Product, the profitability of such Product ( including pricing and reimbursement statusand the amounts of marketing and promotional expenditures ), and other relevant factors, including comparative technical, legal, scientific, or medical factors . Commercially Reasonable Efforts shall be determined on a country - by - country basis