definiens: shall mean, with respect to ( a ) the DevelopmentActivities that a Member Party is required to perfo rm with respect to the Combination Product pursuant to theDevelopment Plan, or ( b ) the Commercialization Acti vities that a Member Party is required to perform w ith respect tothe Combination Product pursuant to the Commerciali zation Plan, as the case may be, the level of effor t that wouldgenerally be used by a Member Party to conduct such development or commercialization activities in a m annerconsistent with the minimum level of expenditure co ntemplated for such activities by the Development B udget orCommercialization Budget, as the case may be, for a product or compound owned by it or to which it has rights, which is of comparable market potential, profit pot ential or strategic value to such Member Party and is at a similarstage in its development or product life, taking in to account, without limitation, issues of safety an d efficacy, productprofile, the proprietary position, the then - current competitive environment for such product or compou nd ( and anyindividual agent comprising part of such product or compound ), the likely timing of the product ’s or c ompound ’s ( andany such individual agent ’s ) entry into the market, the then - current market penetration, the return on investmentpotential of such product ( and any individual agent comprising part of such product ), the regulatory e nvironment andstatus of the product ( and any individual agent com prising part of such product ), and other relevant s cientific, technical and commercial factors, in each case as m easured by the facts and circumstances at the time such effortsare due