definiens: means, with respect to a particular Party ’s specific obligations under thisAgreement with respect to a Product at the relevant point in time, that level of efforts and application of resources that isconsistent with the usual practice followed by that Party in conducting similar activities, in the exercise of its reasonablescientific, business or regulatory judgment, but in no event less than the level of efforts and resources consistent with thecommercially reasonable practices of the research - based pharmaceutical industry in the Territory, relating to other prescriptionpharmaceutical products owned or licensed by it or to which it has exclusive rights that have market potential and are at astage of development or product life similar to the applicable Product, taking into account the anticipated or, if applicable, actual Patent coverage and the nature and extent of such Product ’s market exclusivity ( including Patent coverage andregulatory exclusivity ), the likelihood of Regulatory Approval of such Product, the safety and efficacy of such Product, thecost to develop such Product, such Product ’s profile, the competitiveness of the marketplace with respect to such Product, theproprietary position of such Product, the regulatory structure involved with respect to such Product, the profitability of suchProduct ( including pricing and reimbursement status and the amounts of marketing and promotional expenditures ) and otherrelevant factors, including comparative technical, legal, scientific, or medical factors