definiens: means the level of efforts and resources commonly used in thepharmaceutical industry to develop, obtain regulatory approvals for, protect intellectual property relating to, andcommercialize a product consistent with the efforts a similarly situated biopharmaceutical company wouldtypically devote to a product at a similar stage in its product life and of similar market potential, profit potentialand strategic value resulting from its own research efforts, based on information and conditions then - prevailing, including, without limitation, efficacy of the product, the competitiveness of alternative products in themarketplace, the patent and other proprietary position of the product, the likelihood of regulatory approval giventhe regulatory structure involved and the likelihood of adequate reimbursement . Commercially ReasonableEfforts shall be determined on a country - by - country ( each country including its territories ) basis for a particularLicensed Product, and it is anticipated that the level of effort will change over time reflecting changes in thestatus of the Licensed Product and the country ( including its territories ) involved . ”8