definiens: shall mean, with respect to the research, development and sale of any [COMPANY] Product byEpizyme, or of the Diagnostic Test by [COMPANY], such efforts and resources substantially equivalent to those efforts and resourcescommonly used by [COMPANY] for diagnostic products and by [COMPANY] for pharmaceutical products, in each case as such productis owned by such Party or to which such Party has rights, which product is at a similar stage in its development or product lifeand is of similar market potential taking into account efficacy, safety, approved labeling, the competitiveness of alternativeThird Party products in the marketplace, the patent and other proprietary position of the product, the likelihood of regulatoryapproval given the Regulatory Authority involved, the profitability of the product including the amounts payable to licensorsof patent or other intellectual property rights ( it being understood that, because [COMPANY] is funding [COMPANY] ’s development ofthe Diagnostic Test, [COMPANY] shall at all times exercise at least reasonable efforts with respect to the Diagnostic Testnotwithstanding profitability concerns, if any, and [COMPANY] shall not reduce its efforts with respect to the Diagnostic Testpursuant to this Agreement based on opportunities to develop the Diagnostic Test or similar diagnostic products ascompanion diagnostics for Third Party therapeutic products that are competitive with the [COMPANY] Product ) and other relevantfactors . Commercially Reasonable Efforts shall be determined on a market - by - market basis for a particular product, and it isanticipated that the level of effort will be different for different markets, and will change over time, reflecting changes in thestatus of the product and the market(s ) involved . For the avoidance of doubt, if an injunction issues based on any intellectualproperty infringement alleged in the Enzo Lawsuit, as between [COMPANY] and [COMPANY], [COMPANY] shall be solely responsible for, and shall use its commercially reasonable best efforts toward, either having such injunction lifted or obtaining a license to theunderlying intellectual property that is the basis for such injunction