definiens: means such level of efforts required to carry out an obligation in a sustained manner consistent, as to ROCHE, with the efforts normally used by major global pharmaceutical companies or, as to SYNT A, with the efforts normally used by biopharmaceutical companies of comparable size and resources and at the same stage of development as SYNT A, for a product or compound which is of similar market potential and at a similar stage of development or commercialization, as applicable, taking into account the 2 CONFIDENTIAL EXECUTION COpy existence of other compehtwe products in the market place or under development ., the proprietary position of the product, the regulatory structure involved, the anticipated profitability of the product ( without regard to any amounts paid or payable with respect to Licensed Products under this Agreement ) and other relevant factors . It is also to be appreciated that a major global pharmaceutical company does not always seek to market products in every country or seek regulatory approval for every potential Indication, but that ROCHE shall undertake to conunercialize Licensed Products in the Major Markets absent a compelling reason not to do so