definiens: shall mean, with respect to a Party, those eﬀorts, expertise and resources commensurate with eﬀorts, expertise andresources commonly used in the biopharmaceutical industry by a company of comparable size in connection with the development, manufactureand / or commercialization of a comparable pharmaceutical product which is of similar market potential at a similar stage of development orcommercialization in light of issues of safety and eﬃcacy, product proﬁle, public health, the competitiveness of the marketplace, the proprietaryposition of the compound or product, the regulatory structure involved, the proﬁtability of the applicable products, product reimbursement, andother relevant factors such as technical, legal, scientiﬁc, or medical factors . Diligent Eﬀorts shall be determined on a market - by - market andindication - by- indication basis for each Product, and it may change over time