definiens: means the effortS required to carry out obligations or task~ in a reasonable and dIligent nUIllIICr consi$tent with efforts and TC$OUn::cs as commonly used in the TC$elIn::h - basc d biotechnology industry ( at the Development slIIge ) and in similar sized biopharmaceutl cal companies ( at the Commen::ialization stage ) for II therapeutic product at II similar stage or research . development or commen::iali7.lllion, aoo having similar market poIf : ntiai . taking into account issues or safety, efficacy . product profile, the costs to de\'e.!op, the competitiveness or altemalive products llult are or are expected to be in tile relevant marketplace, the proprietary position of the prodtlCt . the regulatory structure and the likelihood of regulatory approval and product reimbursement . tile profitability of the product . and all other relevam commen::ial factors