definiens: shall mean the level of effort and resources normally used by aParty for a product or compound owned or controlled by it, which is of similar market potential and at a similar stage in itsdevelopment or product life, taking into account, without limitation, with respect to a product issues of safety and efficacy, product profile, the proprietary position of the product, the then current competitive environment for the product and thelikely timing of the product ’s entry into the market, the regulatory environment of the product, and other relevant scientific, technical and commercial factors . Notwithstanding the foregoing, to the extent that the performance of a Party’sresponsibilities hereunder is adversely affected by the other Party ’s failure to perform its responsibilities hereunder, such Partyshall not be deemed to have failed to use its Commercially Reasonable and Diligent Efforts in performing suchresponsibilities . Notwithstanding, but not in limitation of the foregoing, [COMPANY] shall be deemed to be usingCommercially Reasonable and Diligent Efforts for a Co - Funded Product specifically directed at a particular Designated Targetif it is using Commercially Reasonable and Diligent Efforts with respect to a Licensed Compound specifically directed at suchDesignated Target