definiens: of divergent genes on transient templates and referred to as Technology ( as defined below ) ; WHEREAS, [COMPANY] is engaged in the commercial manufacturing and marketing of Industrial Proteins ( as defined below ) in certain uses and applications and is interested III licensing ENBC 's RACHITT Technology for use in connection with such efforts ; and WHEREAS, [COMPANY] is willing to fund certain development activities to be carried out at ENBC 's premises and ENBC is willing to provide such services and the parties intend to execute a definitive collaboration agreement ( the ) ; NOW, THEREFORE, ENBC and [COMPANY] hereby agree as follows : 1 . DEFINITIONS The following definitions shall control the construction of each of the following terms wherever they appear in this Agreement : 1.1 shall mean any corporation or other entity that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the designated party but only for so long as such relationship exists . For the purposes of this section, shall mean ownership of at least fifty percent ( 50%)(or such lesser percent as may be the maximum that may be owned by foreign interests pursuant to the laws of the country of incorporation, but in no event shall [COMPANY] own less than forty percent ( 40 % ) ) of the shares of stock entitled to vote for directors in the case of a corporation and at least fifty percent ( 50 % ) ( or such lesser percent as may be the maximum that may be owned by foreign interests pursuant to the laws of the country of domicile but in no event shall [COMPANY] own less than forty percent ( 40 % ) ) of the interests in profits in the case of a business entity other than a corporation