definiens: . Diligent Efforts means, with respect to each Party 's obligations relating to Licensed Product, the carrying out of such obligations in a diligent and sustained manner using efforts substantially similar to the efforts a biopharmaceutical company of comparable size and resources would typically devote to a product of similar market potential, profit potential, similar stage in development or commercialization, or strategic value resulting from its own research efforts, based on conditions then prevailing, and taking into account other relevant factors, including technical, medical, clinical efficacy, safety, manufacturing, and delivery considerations, product labeling or anticipated labeling, the patent and other proprietary position of the product, the regulatory environment and competitive market conditions . Diligent Efforts with respect to [COMPANY] 's obligations, as specified in Sections 3.3, 4.3(b ), 5.9, 6.1(b ) and 9.6 related to the actions of its Related Parties or the actions of any other Third Party with whom [COMPANY] has entered into an agreement related to Licensed Product shall mean that ( a ) to the extent such obligation is not currently included in its agreement with such Related Party or other Third Party, [COMPANY] shall [ use commercially reasonable efforts to amend such agreement to include the applicable obligation ; provided that [COMPANY] shall not be required to pay any amount or grant contract concessions to such Third Party in order to obtain such amendment ] *, ( b ) in entering into any new agreement with a Related Party or such other Third Party, [COMPANY] shall -8-'Confidential Treatment Requested . Omitted portions filed separately with the Commission