definiens: means with respect to the research, development o r commercialization of a product, as applicable, efforts and resources commo nly used in the pharmaceutical industry for a produ ct at a similar stage of research, development or commercia lization, and having similar market potential . Dili gent Efforts shall be determined by taking into account the characteristics of the product, the technical r isk and stage of research, development, or commercialization of t he product, the cost - effectiveness of efforts or re sources applied towards such product, the competitiveness o f alternative Third Party products that are or are expected to be in the relevant marketplace, the regulatory and business environment, the likelihood of achieving t he goal of such research or of obtaining regulatory approval a nd product reimbursement ( as applicable ), the profi tability of the product ( without taking into account any paymen ts to be made to other party pursuant to this Agree ment ) and the relative potential for product liability exposu re . Diligent Efforts shall be determined on a produ ct and market basis, and it is anticipated that the level of effo rts and resources will change over time reflecting changes in the status of the product or the market involved