definiens: shall mean any individual, corporation, association or other business entity that directly or indirectly controls, is controlled by, or is under common control with the Party in question . As used in this definition of the term shall mean the direct or indirect ownership of more than fifty percent ( > 50 % ) of the stock having the right to vote for directors thereof or the ability to otherwise control the management of the corporation or other business entity whether through the ownership of voting securities, by contract, resolution, regulation or otherwise . Anything to the contrary in this paragraph notwithstanding, neither Chugai Pharmaceutical Co., Ltd, a Japanese corporation ( ) and/or its subsidiaries ( if any ) nor Foundation Medicine, Inc., a Delaware corporation ( ) and/or its subsidiaries ( if any ) shall be deemed as Affiliates of [COMPANY] unless [COMPANY] provides written notice to C4 T of its desire to include Chugai, FMI and/or their respective subsidiaries ( as applicable ) as Affiliate(s ) of [COMPANY]