definiens: shall mean with respect to an y Person, another Person that, directly or indirectly, through one or more i ntermediaries, controls, is controlled by, or is under common control with such first Person . For purposes of this definition only, and, with correl ative meanings, the terms and sh all mean ( a ) the possession, directly or indirectly, of the power to direct the management or policies of a Person, whether through the ownership of voting sec urities or by contract relating to voting rights or corporate governance ; or ( b ) the ownership, directly or indirectly, of at least fifty percent ( 50 % ) of the voting securities or other ownership interest of a Person ; provided t hat, if local law requires a minimum percentage of local ownership of voting sec urities or other ownership interest, control will be established by direct or indirect actual or beneficial ownership of the majority of the maximum ownership percentage that may, under such local law, be owned by foreign interests ; prov ided further that, except as otherwise expressly provided in Sections 8.5.3(a ) a nd 8.6.4 hereof, a Person which is a Former Affiliate shall be deemed to be a n Affiliate throughout the Term of this Agreement with respect to any rights g ranted to or exercised by such Person pursuant to a Former Affiliate Agreemen t. Notwithstanding the foregoing, any agreement entered into by [ * ] prior to the Effective Date ( whether or not amended after the Effective Date bu t solely to the extent any such amendment does not result in [ * ] shall be deem ed not to be an agreement between [ * ] and an ( or a ( as defined below ) ) for purposes of this Agreement . With respect to [ * ], th e Parties acknowledge and agree that, as of the Effective Date, the facts and circumstances surrounding [ * ] to satisfy the definition of an or a provided in this Section 1.8 ; provided, however, that should [ * ] satisfy the definition of an provided in this Section 1.8 at a ny time after the Effective Date, it shall be deemed an for purpose s of this Agreement ( subject to the preceding sentence )