definiens: shall mean that level of efforts and resources consistent with the usual practicefollowed by a Party in the exercise of reasonable business discretion relating to other pharmaceutical products owned by it orto which it has exclusive rights, which is of similar market potential and at a similar stage in development or product life, taking into * CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, ASAMENDED - 3 -account issues of patent coverage, safety and efficacy, product profile, the competitiveness of the marketplace, the proprietaryposition of the compound or product, the regulatory structure involved, the profitability of the products ( including, withoutlimitation, pricing and reimbursement status achieved ), and other relevant factors, including without limitation technical, legal, scientific, and/or medical factors