definiens: means, with respect to any party, any entity that, directly or indirectly through one or moreintermediaries, controls, is controlled by, or is under common control with such party, but for only so long as suchcontrol exists . As used in this definition, means ( a ) to possess, directly or indirectly, the power to direct themanagement or policies of an entity, whether through ownership of voting securities, by contract relating to votingrights, or corporate governance ; or ( b ) direct or indirect beneficial ownership of more than fifty percent ( 50 % ) ( or suchlesser percentage which is the maximum allowed to be owned by a foreign corporation in a particular jurisdiction ) ofthe voting share capital or other equity interest in such entity . Notwithstanding theforegoing, for the purposes of this Agreement, Fresenius Medical Care shall not be considered an Affiliate of VIT, except as provided in Section 1.135