definiens: means : ( a ) where applied to carrying out speciﬁc tasks and obligations of a Party under thisAgreement, [ * * * ] ; and ( b ) where applied to the Development or Commercialization of a Product, the use of reasonable, diligent, good faith eﬀorts andresources, in an active and ongoing program, as normally used by [ * * * ] in connection with the Development and Commercialization of products of similarmarket potential at a similar stage of its product life, taking into account the product ’s safety and eﬃcacy data, the cost to develop the product, thecompetitiveness of the relevant marketplace, the intellectual property positions of third parties, the applicable regulatory situation ( including the likelihoodof regulatory approval ), the proﬁtability and commercial viability of the product, and other relevant Development and Commercialization factors basedupon then - prevailing conditions