definiens: means with respect to a Party : ( i ) an organizatio n, which directly or indirectly controls such Party ; or ( ii ) an organization, which is directly o r indirectly controlled by such Party ; or ( iii ) an organization, which is controlled, directly or indi rectly, by the ultimate parent company of such Part y. For purposes of this Section, control is defined as own ing fifty percent ( 50 % ) or more of the voting stock of a company or having otherwise the power to govern the financial and the operating policies or to appoint the management of an organization . The term of ROCHE shall not include Genentech, Inc., 1 DNA Way, South San Francisco, California 94080 - 4990, U. S.A. or Chugai Pharmaceutical Co., Ltd, 1 - 1, Nihonbasshi -Muromachi 2 - chome, Chuo - ku Tokyo, 103- 8324, Japan, or the respective subsidiaries of said companies