definiens: means efforts of a Party to carry out its obligati ons in a diligent and sustained manner using such effort and employing su ch resources normally used by an established biopharmaceutical company in the exercise of its re asonable business discretion relating to the resear ch, development or commercialization of a similar produ ct owned by such Party or to which such Party has e xclusive rights, with similar product characteristics, that is of similar market potential at a similar stage i n its development or product life, taking into account issues of mark et exclusivity ( including Patent coverage and Regul atory Exclusivity ), safety and efficacy, product profile, the competitiveness of the marketplace, the propri etary position of the compound or product, the regulatory structur e involved, the profitability of the applicable pro ducts ( including pricing and reimbursement status achieve d ), and other relevant factors, including technical, legal, scientific, and/or medical factors