definiens: . Commercially Reasonable Efforts shall mean, with respect to the efforts to be expended by a Party with respect to any objective, reasonable, diligent, goo d faith efforts to accomplish such objective as such Party would normally use to accomplish a similar objective under similar circumstances exercising re asonable business judgment, it being understood and agreed that, with respect t o the Development or Commercialization of the Product or Legal Activitie s, such efforts shall be substantially equivalent to those efforts and resou rces commonly used by such Party for a product owned by it or to which it has rights, which product is at a similar stage in its development or product life an d is of similar market potential, taking into account efficacy, safety, ap proved labeling, the competitiveness of alternative products in the mark etplace, the -3- EXECUTION COPY patent and other proprietary position of the Produc t, the likelihood of regulatory approval given the regulatory structure involved, the profitability of the Product, alternative products and other rele vant factors commonly considered in similar circumstances . It is anticipa ted that the level of effort will change over time, reflecting changes in the st atus of the Product