definiens: shall mean a ( i ) Third Party commercial enterprise collectively with all of its Affiliates or ( ii ) any dialysisfacility in which a Third Party commercial enterprise and/or any of its Affiliates has an ownership interest of less than fiftypercent ( 50 % ) but for which the Third Party commercial enterprise and/or any of its Affiliates provides managementservices or administrative services in which it controls the selection or procurement of ESAs that, in the case of either ( i)or ( ii ) above, ( a ) has entered into an [COMPANY] Dialysis Contract and ( b ) is not exempt from consideration in the calculationof Best Price as defined by the Social Security Act at section 1927(c)(1)(C ), as amended, and as implemented byregulation ( e.g., any hospital participating in 340B Drug Pricing Program, any qualified state pharmaceutical assistanceprogram, or any purchaser under the Federal Supply Schedule would not be a for purposes of thisAgreement )