definiens: means, as of the Effective Date or during the Term, as applicable, in relation to a Party, anyperson, corporation, firm or partnership or other entity, whether de jure or de facto, that directly or indirectly throughone or more intermediaries controls, is controlled by or is under common control with such Party . An entity shall bedeemed to control another entity if it : ( a ) owns, directly or indirectly, more than fifty percent ( 50 % ) of the outstandingvoting securities or capital stock ( or such lesser percentage which is the maximum allowed to be owned by a foreigncorporation in a particular jurisdiction ) of such other entity, or has other comparable ownership interest with respect toany entity other than a corporation, or ( b ) has the power, whether pursuant to contract, ownership of securities orotherwise, to direct the management and policies of the entity . For the avoidance of doubt, neither of the Parties, orany of their respective Affiliates, shall be deemed to be an of such other entity