definiens: of a Party means any corporation or other business entity that, directly or indirectly, through one or more intermediari es, controls, is controlled by, or is under common control with such Party . For purposes of this definition, the term ( including, with the correlative meanings, and ) means ( a ) the direct or indirect own ership of more than fifty percent ( 50 % ) of the stock having the right to vote for directors thereof ( or general partnership interests ) or ( b ) the ability to otherwise control the decisions of the board of directors or equivalent governing body thereof ; provided, however, that any portfolio operating company of any stockholder of such Party ( which stockholder is a venture capital fund or private equity fund ) shall not be deemed to be such Party . In the case of Licensee, for purpos es of this Agreement, the term shall not include [ * * ] unless and until Licensee provides written notice to Constellation specifying [ * * ] as an Affiliate of Licensee . Notwithstanding such written notice, if [ * * ] does not agree to be bound by the terms and conditions of this Agreement, then [ * * ] shall have none of the rights and obligations of an Affiliate of Licensee under this Agreement