definiens: means, with respect to a particular Identified Product and those diligent activitieshereunder with respect to such Identified Product including diligent development and commercialization, those efforts andresources that Licensee would normally use with respect to a gene therapy product, which product is owned by Licensee, or towhich Licensee has similar rights, with a similar market potential at a similar stage in development or product life as theIdentified Product, taking into account all relevant factors, based on the facts and circumstances at the time, including withoutlimitation diligent progress, safety and efficacy issues, other medical and clinical considerations, product labeling oranticipated labeling, product profile, present and future market potential, past performance of similar products ( including bothIdentified Products and Licensee ’s own pharmaceutical products that are of similar market potential ), competitive marketconditions, the likely timing of the product ’s entry into the market, financial considerations, intellectual propertyconsiderations and the likelihood of regulatory approval