definiens: means, with respect to a particularParty ’s specific obligations under this Agreement with respect to a Product and a country in theTerritory at the relevant point in time, that level of efforts and application of resources that isconsistent with the usual practice followed by that Party in conducting similar activities, in theexercise of its reasonable scientific, business or regulatory judgment, but in no event less thanthe level of efforts and resources consistent with the commercially reasonable practices of theresearch - based pharmaceutical industry in the applicable country in the Territory, relating toother prescription pharmaceutical products owned or licensed by it or to which it has exclusiverights that have a market potential and are at a stage of development or product life similar to theapplicable Product, taking into account the anticipated or, if applicable, actual Patent coverageand the nature and extent of such Product ’s market exclusivity ( including Patent coverage andregulatory exclusivity ), the likelihood of Regulatory Approval of such Product, the safety andefficacy of such Product, the cost to develop such Product, such Product ’s profile, thecompetitiveness of the marketplace with respect to such Product, the proprietary position of suchProduct, the regulatory structure involved with respect to such Product, the profitability of suchProduct ( including pricing and reimbursement status and the amounts of marketing andpromotional expenditures ), and other relevant factors, including comparative technical, legal, scientific, or medical factors