definiens: means, with respect to the efforts to be expended by a Party with respect toany objective, reasonable, diligent, good faith efforts to accomplish such objective as a similarly situatedbiopharmaceutical company would normally use to accomplish a similar objective under similar circumstances, itbeing understood and agreed that such efforts shall be substantially equivalent to those efforts and resourcescommonly used by a similarly situated biopharmaceutical company for a product owned by it, which product is at asimilar stage in its development or product life and is of similar market potential ( taking into consideration bothanticipated total sales and overall profitability ) . Commercially Reasonable Efforts shall be determined on a market - by - market and Product - by - Product basis in view of conditions prevailing at the time, and evaluated taking into account allrelevant factors, including the efficacy, safety, anticipated Regulatory Authority approved labeling, competitiveness ofthe Product or alternative products that are in the marketplace or under development and other technical, scientific, legal, medical marketing and competitiveness factors . It is anticipated that the level of effort constitutingCommercially Reasonable Efforts may change over time