definiens: means a sustained, continued and active commitmentof efforts and resources by a Party consistent with those normally applied in the pharmaceuticalindustry by companies of similar size as such Party with respect to a compound or product withsimilar market at a similar stage in the product life cycle that such Party is actively developing orcommercializing ( as applicable ), taking into account the stage and risk of development orcommercialization of the Product, issues of safety or efficacy, the cost effectiveness of efforts orresources while optimizing profitability, the competitiveness of alternative Third Partycompounds, products or generics that are or are expected to be in the marketplace, the scopeand duration of Patents or other intellectual property rights related to the compound or product(including any Regulatory Exclusivity ), the profitability of the Product ( including pricing andreimbursement status achieved or likely to be achieved ) or other relevant commercial factors, butnot taking into account ( a ) any other pharmaceutical product such Party is then researching, developing or commercializing, alone or with one or more collaborators, or ( b ) any paymentsrequired to be made to the other Party hereunder