definiens: means, with respect to a person, organization or en tity, any person, organization or entity controlling, controlled by or under common control with, such person, organization or entity . For purposes of this definition only, of anot her person, organization or entity will 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, by contract or otherwise . Withou t - limiting the foregoing, control will be presumed to exist when a person, organization or entity ( a ) owns or directly controls fifty percent ( 50 % ) or more of the outstanding voting stock or other owner ship interest of the other organization or entity or ( b ) possesses, directly or indirectly, the power to elect or appoint fifty percent ( 50 % ) or more of the members of the governing body of the other orga nization or entity . The Parties acknowledge that in the case of certain entities organized unde r the laws of certain countries outside of the Unit ed States, the maximum percentage ownership permitted by law for a foreign investor may be less than fifty percent ( 50 % ) and that in such cases such low er percentage will be substituted in the preceding sentence