definiens: shall mean, with respect to any Person, any other Person which directly or indirectly, by itself or through one or more intermediaries, controls, or is controlled by, or is under direct o r indirect common control with, such Person . The term means the pos session, direct or indirect, of the power to direct or cause the direction of th e management and policies of a Person, whether through the ownership of voting s ecurities, by contract or otherwise . Control will be presumed if one Person o wns, either of record or beneficially, more License, Development and Commercialization Agreem ent-- Confidential-- Page 1 CON FIDENTIAL TREATMENT REQUESTED than 50 % of the voting stock of any other Person . F or the avoidance of any doubt, the [COMPANY] Institute for Functional Genomi cs, Inc. and The Xxxxxxxxx Xxxxxxxx Institute, as currently operated, are not Affiliates of NOVARTIS for the purposes of this Agreement