definiens: means with respect to the efforts to be expended by a Party with respect to any objective, such reasonable, diligent, and good faith efforts as [ * CONFIDENTIAL * ] Party would normally use to accomplish a similar objectiv e under similar circumstances for such Party ’s bene fit, consistent with the exercise of its prudent scienti fic and business judgment, and considering a produc t at a similar stage in its product life as the Product an d having profit potential and strategic value compa rable to that of the Product, taking into account, without l imitation, commercial, legal and regulatory factors, target product profiles, product labeling, past performanc e, the regulatory environment and competitive marke t conditions in the therapeutic area, safety and effi cacy of the Product, the strength of its proprietar y position and such other factors as [ * CONFIDENTIAL * ] Party may reasonably consider, all based on condit ions then prevailing