definiens: means any Person regarding which another relevant Person has the power to direct or cause the direction of the first Person 's management and policies, whether through ownership or control directly or indirectly of equal to, or greater ' than, fifty percent ( 50 % ) of the stock entitled to vote or for non'stock organizations, .the right to receive directly or indirectly equal to, or greater than, fifty percent ( 50 % ) of the profits by contract or otherwise, or for non - profit, non - stock organizati ( the control directly or indirectly of equal to, or greater than, fifty percent ( 50 % ) of tlle voting rights in such organization, or in countries where control of equal to, or greater than, fifty percent ( 50 % ) of such rights is not permitted in the country where such Person exists, the maximum permitted in such country ; o FI T ( b ), tlherein'\ tlherebyu, and similar expressions mean or refer to this Agreement as amended from time to time and any agreement or instrument supplemental or ancillary and the expressions, or followed by a number or letter, mean and refer to the specified Article, Section or Subsection of this Agreement ; ( c ) means a third party which is not legally related to LICENSEE, and is not, without limitation, an Affiliate, division, cooperative, partner or subsidiary of LICENSEE ; ( d ) means any of the days of Monday through Friday, boih inclusive, unless such day is a statutory or civic holiday in Ontario, British Columbia, or California ; ( e ) shall mean any and all written and oral information, communications, materials and docwnentation exchanged between the parties and that is clearly marked as confidential at the time of written disclosure or, in the case of oral disclosure, is identified orally as confidential at the time of oral disclosure and identified in writing as confidential within 30 days of oral disclosure