definiens: means, with respect to a Party, any Person that controls, is controlled by, or is under common control with that Party . For the purpose of this definition, shall mean, direct or indirect, ownership of fifty percent ( 50 % ) or more of the shares of stock entitled to vote for the election of directors, in the case of a corporation, or fifty percent ( 50 % ) or more of the equity interest in the case of any other type of legal entity, status as a general partner in any partnership, or any other arrangement whereby the entity or Person controls or has the right to control the board of directors or equivalent governing body of a corporation or other entity, or the ability to cause the direction of the management or policies of a corporation or ~The asterisk denotes that confidential portions of this exhibit have been omitted in reliance on Rule 24b-2 of the Securities Exchange Act of 1934 . The confidential portions have been submitted separately to the Securities and Exchange Commission I \\\SA • 02809SIOOOO 16 • 216403v 1 . .... [ : Ieted : Ad1&I Deleted : Adenovecl or 5 incorporating a HAml Gene Fragment other entity . In the case of entities organized under the laws of certain countries, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent ( 50 % ), and in such case such lower percentage shall be substituted in the preceding sentence, provided that such foreign investor has the power to direct the management and policies of such entity . In the case of [COMPANY], shall also expressly be deemed to include the [COMPANY] Institute for Functional Genomics, Inc., the Friedrich Miescher Institute for Biomedical Research and their respective Affiliates