definiens: means, with respect to a Party ’s obligation to perform or achieve aspecified obligation for the Product or generally under this Agreement, the efforts, expertise, degree of skill, andresources that are comparable in quality and scope to those efforts, expertise, degree of skill and resources that aregenerally used by such Party to perform or achieve a comparable obligation for a pharmaceutical product Controlledby such Party, which has the same regulatory requirements or status ( for example, requires a prescription or isavailable over - the - counter ), is at a comparable stage of development or product life as the Product, and that hassimilar market potential as the Product, taking into account relative safety and efficacy, product profile, thecompetitiveness of the marketplace, relevant regulatory circumstances, and other relevant factors, includingtechnical, legal, scientific and/or medical factors, but, in any event, a Party ’s effort shall be no less than the effortthat a comparable pharmaceutical company would expend with respect to a comparable pharmaceutical productcontrolled by such company taking into consideration the factors outlined above