definiens: means any individual, corporation, association or other business entity which directly or indirectly controls . is controlled by or is under common control with the Supply Party in question . As used in this definition of the tenn means the direct or indirect ownership of more than fifty percent ( 50 % ) of the stock having the right to vote for directors thereof or the ability to otherwise control the management of the corporation or other business entity whether through ~he ownership of voting.securities, by contract, resolution, -1 - regulation or otherwise ; provided . however, that the term shall not include subsidiaries or other entities in which a Supply Party or its Affiliates owns a majority of the ordinary voting power necessary to elect a majoriry of the board of directors or other governing body, but is restricted from electing such majority by contract or otherwise until the time such restrictions are no longer in effect 1.2 means the Industrial Collaboration Agreement, dated February I, 2000, by and between TGC . Children 's and IAVI, and as amended from time [ 0 time