definiens: means, with respect to a Party, such level of efforts required to carry out anobligation in a sustained manner consistent with the efforts normally used * * *, for a similar activity with respect to theResearch, Development and Commercialization of products ( a ) that are at a similar stage in their Research, Development, Commercialization or product life as the relevant Program DART or Licensed Product ; ( b ) that have commercial and marketpotential similar to the relevant Program DART or Licensed Product, taking into account issues of intellectual property scope, subject matter and coverage, safety and efficacy, product profile, competitiveness with respect to Third Party products in themarketplace, and profitability ( including pricing and reimbursement status achieved or likely to be achieved ) ; and ( c ) solelyowned by them or to which they have exclusive rights ( but excluding from consideration any financial obligations owed to aThird Party with respect to such rights )