definiens: means, ( a ) with respect to [COMPANY], efforts and resources normally used by [COMPANY] in the Territory in the exercise of its reasonable business discretion relating to a prescription pharmaceutical product owned by it or to which it has exclusive rights, which is of similar market potential at a similar stage in its development or product life, taking into account issues of patent coverage, safety and efficacy, product profile, . the competitiveness of the marketplace, the proprietary position of the compound or product, the regulatory structure involved, the profitability of the applicable products, and other relevant factors, including without limitation technical, legal, scientific, and/or medical factors ; and ( b ) with respect to [COMPANY], efforts and resources normally used by a company similar to [COMPANY] in the Territory in the exercise of its reasonable business discretion relating to a prescription pharmaceutical product owned by such company or to which such company has exclusive promotion and distribution rights, which is of similar market potential at a similar stage in its development or product life, taking into account issues of patent coverage, safety and efficacy, 3 250130 v2 / CO CONFIDENTIAL TREATMENT REQUESTED UNDER 17 C.F.R. § § 200.80(8)(4 ) AND 240.248 - 2 product profile, the competitiveness of the marketplace, the proprietary position of the compound or product, the regulatory structure involved, the profitability of the applicable products, and other relevant factors, including without limitation technical, legal, scientific, and/or medical factors