definiens: means efforts and resources reasonably comparable to those commonly used inthe research - based pharmaceutical industry for a medical device, pharmaceutical product or pharmaceutical compound at asimilar stage in its commercialization or product life of similar market potential, taking into account safety and efficacy, thecompetitiveness of alternative products in the marketplace, the patent and other proprietary position of the product, thelikelihood of regulatory approval given the regulatory structure involved, the potential profitability of the product andalternative products and other relevant factors relating to the commercialization of a Licensed Product, including, withoutlimitation, the potential cost, risk, timing and reward, provided, however, that the fact that the Parties are required to sharerevenues with respect to the Licensed Products shall not be a factor taken into account in determining whether DiligentCommercialization Efforts were satisfied . Diligent Commercialization Efforts shall be determined on a market by market basisfor a particular Licensed Product, and it is anticipated that the level of effort will change over time reflecting changes in thestatus of the Licensed Product and the market involved