definiens: means with respect to EPIZYME or [COMPANY], such efforts that are consistent withthe efforts and resources then used by EPIZYME or [COMPANY], as applicable, including taking into account any assignmentpermitted under Section 13.4, in the exercise of its commercially reasonable practices relating to the research, Development, seeking Regulatory Approval and Commercialization of a similarly situated pharmaceutical product, as applicable to therights, responsibilities and obligations of such Party under this Agreement where such similarly situated pharmaceuticalproduct:(i ) has scientific attributes similar to those of the relevant Compound, Licensed Compound or LicensedProduct;(ii ) is at a similar stage in its research, Development or commercial product life as the relevantCompound, Licensed Compound or Licensed Product;(iii ) has commercial and market potential similar to the relevant Compound, Licensed Compound orLicensed Product, taking into account issues of intellectual property scope, subject matter and coverage, safety and efficacy, product profile, competitiveness of the marketplace, proprietary position, regulatory exclusivity, anticipated or approvedlabeling, present and future market potential, and profitability ( including pricing and reimbursement status achieved or likelyto be achieved ) ; and(iv ) is solely owned by it or to which it has exclusive rights