definiens: means, with r espect to LGD-6972 or any Product, that level of ef forts and resources commonly dedicated in the pharmaceuti cal industry by a pharmaceutical company of a simil ar size and at a similar stage as the applicable Party to t he manufacture, Development or commercialization, a s the case may be, of a product of similar commercial potentia l at a similar stage in its lifecycle to LGD-6972 o r any Product, in each case taking into account issues of safety and efficacy and other relevant scientific, technical and commercial factors, including product profile, the regulatory environment, payors ’ policies and regula tions, competitiveness of the marketplace and the market p otential of such products, the nature and extent of market exclusivity, including patent coverage and regulato ry data protection, and price and reimbursement sta tus, but without regard to any payments owed to [COMPANY] under this Agreement