definiens: means, with respect to any Person, any other Pers on that directly or indirectly controls, is control led by, or is under common control with such Person . Fo r purposes of this definition only, and, with correlative meanings, the terms and another Person will me an : ( a ) direct or indirect ownership of more than fifty percent ( 50 % ) of the outstanding voting securities or other voting interests of the other Person ; or ( b ) direct or indirect possession of the power to e lect or appoint more than fifty percent ( 50 % ) of th e members of the governing body of the other Person ; provided that in the case of jurisdictions in which the maximum percentage ownership permitted by law for a foreign investor is less than fifty percent ( 50 % ), such lower percentage will be substituted in clause ( a ) of the preceding sentence . Neither of the Parties to this Agreement will be deemed to be an of th e other solely as a result of their entering into this Agre ement