definiens: - in respect of [COMPANY] means reasonable, good faith effortsand resources as commonly used by a similar size pharmaceutical company to Develop andCommercialise a product owned by such a company or to which it has rights, which product is at asimilar stage in its development or product life and is of similar market potential to the Product inquestion taking into account efficacy, safety, approved and/or anticipated labelling, thecompetitiveness of alternative products sold by Third Parties in the marketplace, the patent and otherproprietary position of the product, the likelihood of regulatory approval given the regulatory structureinvolved, and the profitability of the product including the royalties payable to licensors of patent orother intellectual property rights . Commercially Reasonable Efforts shall be determined on a country - by - country and Indication - by - Indication basis for a particular Product, and it is anticipated that the levelof effort will change over time, reflecting changes in the status of the Product and the country(s)involved