definiens: means : ( a ) with respect to Development of a Product, the efforts and expenditures required ( i ) for such Product to remain an Active Candidate and ( ii ) toseek Regulatory Approval using such efforts and expenditures comparable to those expended byLICENSEE ( including through the use of Third Parties ) to develop products that are at a similar stageof development or product life cycle as the applicable Product and that are owned by LICENSEE orto which LICENSEE otherwise has rights ; and ( b ) with respect to Commercialization of a Product, using such efforts and expenditures comparable to those expended by LICENSEE ( including throughthe use of Third Parties ) to Commercialize products that are at a similar stage of development orproduct life cycle as the applicable Product and that are owned by LICENSEE or to which LICENSEEotherwise has rights ; provided that with respect to ( a)(ii ) and ( b ), the efforts and expenditures byLICENSEE shall be no less than the greater of ( x ) the efforts and expenditures commonly expendedby a Person similarly situated to LICENSEE with respect to products that are at a similar stage ofdevelopment or product life cycle as the applicable Product and that are owned by such Person or towhich such Person otherwise has rights and ( y ) where any rights and/or obligations hereunder havebeen sublicensed to a Third Party, the efforts and expenditures commonly expended by such ThirdParty with respect to development and/or commercialization ( as applicable ) of products that are at asimilar stage of development or product life cycle as the applicable Product and that are owned bysuch Third Party or to which such Third Party otherwise has rights