definiens: means, with respect to either Party in relation t o this Agreement, such efforts that are consistent with th e efforts and resources used by a biopharmaceutical company [ … * * * … ] in the exercise of its commercially reasona ble business practices relating to an exercise of a right or performance of an obligation under this Agreement, including the research, development, manufacture a nd commercialization of a pharmaceutical or biologic c ompound or product, as applicable, at a similar sta ge in its research, development or commercial life as the rel evant compound or Licensed Product, and that has co mmercial and market potential similar to the relevant compo und or Licensed Product, taking into account issues of intellectual property coverage, safety and efficacy, stage of development, product profile, competitiv eness of the marketplace, supply chain, proprietary position, re gulatory exclusivity, anticipated or approved label ing, present and future market and commercial potential, the lik elihood of receipt of Regulatory Approval, profitab ility ( including pricing and reimbursement status achieve d or likely to be achieved, amounts payable to lice nsors of patent or other intellectual property rights other than CDL under this Agreement ), alternative product s and legal issues