definiens: shall mean, with respect to a Party ’s obligation to perform orachieve a specified obligation for the Product or generally under this Agreement, the efforts, expertise, degree of skill, and resources that are comparable in quality and scope to those efforts, expertise, degree of skill and resources thatare generally used by such Party to perform or achieve a comparable obligation for a product controlled by suchParty, which has the same regulatory requirements or status ( for example, requires a prescription or is available over - the - counter ), is at a comparable stage of development or product life as the Product, and that has similar marketpotential as the Product, taking into account relative safety and efficacy, product profile, the competitiveness of themarketplace, relevant regulatory circumstances, and other relevant factors, including technical, legal, scientific and / ormedical factors, but, in any event, a Party ’s effort shall be no less than the effort that a comparable company wouldexpend with respect to a comparable product controlled by such company taking into consideration the factorsoutlined above