definiens: means all of Tego ’s non - cash intellectual property assets, including without limitation and means any Person controlling, controlled by or under common control with the a Party, where means the possession, directly or indirectly, of the power to direct the management and policies of such Personwhether through the ownership of voting securities, contract or otherwise, and if such Person is a partnership, theneach general partner and limited partner of such partnership shall also be deemed an shall mean only those Affiliates who are Licensees whereby the terms of the relevant licensereflect Fair Market Value . There is presumption rebuttable by clear and convincing evidence that licenses grantedbetween Affiliates are NOT made at Fair Market Value . In the event that the license terms are agreed to PRIOR to thetime the parties become Affiliates, then there will be a presumption rebuttable by clear and convincing evidence thatsuch terms granted between Affiliates WAS made at Fair Market Value