definiens: shall mean, with respect to the efforts to beexpended by a Party with respect to any objective, the level of reasonable, diligent, good faith effortsthat biopharmaceutical companies typically devote to products owned by them that are at a similarstage in their development or product life and are of similar market potential taking into accountefficacy, safety, approved labeling, the competitiveness of alternative products in the marketplace, thepatent and other proprietary position of the product, the likelihood of regulatory approval, the profitabilityof the product, and other relevant factors . As used in this Section, shallmean companies in the biopharmaceutical industry of a size and stage of development similar to that ofsuch Party, including having human pharmaceutical product candidates or products in a similar stage ofdevelopment to the Products . Commercially Reasonable Efforts shall be determined on a market - by - market and Product - by - Product basis, and it is anticipated that the level of effort will be different fordifferent markets, and will change over time, reflecting changes in the status of the Product and themarket(s ) involved