definiens: shall mean any individual, corporation, association or other business entity that directly orindirectly 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 stockhaving the right to vote for directors thereof or the ability to otherwise control the management of the corporation orother business entity whether through the ownership of voting securities, by contract, resolution, regulation orotherwise . Anything to the contrary in this paragraph notwithstanding, Chugai Pharmaceutical Co., Ltd, a Japanesecorporation ( ) and Foundation Medicine, Inc., an American corporation ( ) and their subsidiaries, shall not be deemed an Affiliate of [COMPANY] unless [COMPANY] provides written notice to Pieris of its desire to include Chugaiand / or Foundation as an Affiliate of [COMPANY]