definiens: shall mean such level of efforts required to carry out such obligation insustained manner consistent with the efforts [COMPANY] or Inovio, as applicable, devotes at the same stage of research, development or commercialization, as applicable, for its own internally developed pharmaceutical products in a similararea with similar market potential, at a similar stage of their product life taking into account the existence of othercompetitive products in the market place or under development, the proprietary position of the product, the regulatorystructure involved, the anticipated profitability of the product and other relevant factors . It is understood that suchproduct potentially may change from time to time based upon changing scientific, business and marketing and returnon investment considerations, and that [COMPANY] and its Affiliates do not always seek to market its own products - 8 -in every country or seek to obtain regulatory approval in every country or for every potential indication . As a result, theexercise of diligence by [COMPANY] is to be determined by judging [COMPANY] ’s commercially reasonable efforts, taken as awhole