definiens: shall mean, ( a ) with respect to the research, development and sale of the IderaProduct by Idera, such efforts and resources substantially equivalent to those efforts and resources commonly usedby a biotechnology company for a therapeutic product, which product is at a similar stage in its development orproduct life and is of similar market potential, taking into account efficacy, safety, approved labeling, thecompetitiveness of alternative Third Party products in the marketplace, the patent and other proprietary position of theproduct, the likelihood of regulatory approval given the Regulatory Authority involved, the profitability of the productincluding the amounts payable to licensors of patent or other intellectual property rights, and other relevant factors, and ( b ) with respect to the research, development and sale of the Diagnostic Test by [COMPANY], such efforts andresources substantially equivalent to those efforts and resources commonly used by a diagnostic company for acompanion diagnostic, the development costs of which have been funded by the owner of the associated therapeuticproduct in exchange for the diagnostic company ’s commitment to develop and commercialize the companiondiagnostic, taking into account relevant technical, safety and liability factors . Commercially Reasonable Efforts shallbe determined on a market - by - market basis for a particular product, and it is anticipated that the level of effort will bedifferent for different markets, and will change over time, reflecting changes in the status of the product and themarket(s ) involved