definiens: shall mean any corporation or other entity that controls, is controlled by, or is under common control with a Party . A corporation or other entity will be regarded as under the control of another corporation or entity if the latter corporation or entity owns or directly or indirectly controls fifty perc ent ( 50 % ) or more of the voting stock or other ownership interest of the former corporation or other entity, or if the latter corporation or entity possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the former corporation or other entity or the power to elect or appoint fifty percent ( 50 % ) or more of the members of the governing body of the former corporation or other entity, provided, however, that regarding [COMPANY], Affiliate shall not include M r. Dietmar Hopp, dievini Hopp BioTech holding GmbH & Co. KG and/or any other companies controlled by Mr. Dietmar Hopp and/or dievini Hopp BioTech holding GmbH & Co. KG that are not subsidiaries of [COMPANY]