definiens: shall mean, with respect to either party, any person, organization or entity controlling, controlled by orunder common control with, such party . For purposes of this definition only, of another person, organization orentity shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the activities, management or policies of such person, organization or entity, whether through the ownership of voting securities, bycontract or otherwise . Without limiting the foregoing, control shall be presumed to exist when a person, organization or entity(i ) owns or directly controls fifty percent ( 50 % ) or more of the outstanding voting stock or other ownership interest of theother organization or entity, or ( ii ) possesses, directly or indirectly, the power to elect or appoint fifty percent ( 50 % ) or moreof the members of the governing body of the organization or other entity . The parties acknowledge that in the case of certainentities organized under the laws of certain countries outside of the United States, the maximum percentage ownershippermitted by law for a foreign investor may be less than fifty percent ( 50 % ), and that in such cases such lower percentage shallbe substituted in the preceding sentence