definiens: means, with respect to the efforts to be expended by a Party with respect to any objective, reasonable, good faith efforts to accomplish such objective as such Party would normally use to accomplish a similar objective under similar circumstan ces for such Party ’s benefit . Without limiting the foregoing, with respect to efforts relating to the Development of, obtaining Regulatory Approval for, or Commercialization of a Licensed Product, generally or with respect to any particular country, means a sustained, continued and active commitment of efforts and resources by a Party consistent with the level of efforts and resources normally dedicated by companies of similar size in the research -based pharmaceutical indus try to the development or commercialization, as the case may be, of a product of similar commercial potential at a similar stage in its lifecycle that such company is actively developing or commercializing ( as applicable ), in each case taking into account issues of safety and efficacy, product profile, the proprietary position, the then -current competitive environment for such product and the likely timing of such products entry into the market, the regulatory environment and the status of such product, and other relevant scientific, technical and commercial factors, but not taking into account any payments required to be made to the other Party hereunder