definiens: as used in this Agreement shall have the meaning, with respect to aparty, any Person that controls, is controlled by, or is under common control with that party . For the purposeof this definition, shall mean, direct or indirect, ownership of fifty percent ( 50 % ) or more of the sharesof stock entitled to vote for the election of directors, in the case of a corporation, or fifty percent ( 50 % ) ormore of the equity interest in the case of any other type of legal entity, status as a general partner in anypartnership, or any other arrangement whereby the entity or person controls or has the right to control theboard of directors or equivalent governing body of a corporation or other entity, or the ability to cause thedirection of the management or policies of a corporation or other entity . In the case of entities organized underthe laws of certain countries, the maximum percentage ownership permitted by law for a foreign investor maybe less than fifty percent ( 50 % ), and in such case such lower percentage shall be substituted in the precedingsentence, provided that such foreign investor has the power to direct the management and policies of suchentity . For the purpose of this Agreement the Genomics Institute of the [COMPANY] Research Foundation, SanDiego, California, USA, and the Friedrich - Miescher Institute for Biomedical Research, Basel, Switzerland, shall also be considered as [COMPANY] ’ Affiliates