definiens: means, with respect to a Party ’s obligations under this Agreement toDevelop or Commercialize a Product, the carrying out of such obligations or tasks with a level of efforts andresources consistent with the commercially reasonable practices of ( a ) in the case of [COMPANY], a pharmaceuticalcompany the size and geographical scope of [COMPANY] and ( b ) in the case of [COMPANY] China, a biotechnologycompany the size and geographical scope of [COMPANY] China, in each case ( a ) and ( b ) for the development orcommercialization of similarly situated pharmaceutical products as such Product and at a similar stage ofdevelopment or commercialization, taking into consideration their safety and efficacy, their cost to develop, the natureand extent of their market exclusivity ( including patent coverage and regulatory exclusivity ), the likelihood ofRegulatory Approval, their expected profitability, including the amounts of marketing and promotional expenditureswith respect to such products and generic products, and the competitiveness of alternative compounds and products