definiens: shall mean, with respect to a given activity and a Party for a product or compoundunder this Agreement, the level of effort that would generally be used by such Party to conduct such activity for a product or compoundowned by it or to which it has rights, which is of comparable market potential, profit potential or strategic value to such Party and is at asimilar stage in its development or product life, taking into account, without limitation, issues of safety and efficacy, product profile, theproprietary7 [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES ANDEXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.CONFIDENTIAL TREATMENT REQUESTEDUNDER 17 C.F.R. § § 200.80(b)(4 ) AND 240.24B-2position, the then - current competitive environment for such product or compound ( and any individual agent comprising part of suchproduct or compound ), the likely timing of the product ’s or compound ’s ( and any such individual agent ’s ) entry into the market, the then - current market penetration, the return on investment potential of such product ( and any individual agent comprising part of such product),the regulatory environment and status of the product ( and any individual agent comprising part of such product ), and other relevantscientific, technical and commercial factors, in each case as measured by the facts and circumstances at the time such efforts are due;provided, however, that the R / F / TAF Product shall not be taken into account when determining whether [COMPANY] is using CommerciallyReasonable Efforts with respect to a given activity for Complera in a given country until the filing of a Drug Approval Application for theR / F / TAF Product in such country