definiens: means that level of effort and application of expertise and resource, typical in the pharmaceutical industry in the research, development and commercialisation of a product or compound owned by a Third Party or resulting from its own research efforts, that is of similar market potential and at a similar stage in its development or product life, taking into account issues of safety and efficacy, product profile, difficulty in developing the product, competitiveness of the marketplace for resulting products, the patent position of the compound or product, the regulatory structure involved, the potential total profitability ofthe applicable products marketed or to be marketed, and other relevant factors affecting the cost, risk and timing of development and the total potential reward to be obtained if a product is commercialised In determining whether Commercially Reasonable Efforts have been satisfied by [COMPANY], the fact that [COMPANY] is required to comply with certain financial obligations hereunder to Prosidion shall not be a factor weighed ( i.e., [COMPANY] may not apply lesser resources or effort to Product(s ) because it has a financial obligation hereunder to Prosidion with respect to sales of Product ( s ), than it would to a product of its own )