definiens: shall mean any person, company or legal entity then directly or indirectly controlled by, controlling or under common control with the party with respect to which this term is associated . The term means ownership either of record or beneficially of more than fifty per cent ( 50 % ) of the shares of any such person, company or legal entity or in the absence of share ownership in the case of a non corporate entity the ability to direc t or cause the direction of the management and policies of such non corporate entity ; 1.2 shall mean the Net Sales achieved in any period beginning on 1 / st/ January and ending on 31 / st/ December ; 1.3 shall mean a Biomolecule covered by Joint IP or [COMPANY] IP and the structure of which has been ( a ) included on a GW Monthly Report and ( b ) that is not the subject of any Third Party contractual commitment with [COMPANY] relating to Medical Us e ( existing at the time of [COMPANY] 's receipt of the relevant GW Monthly Report ) which would prohibit it being exclusively made available to GW, < PAGE > pursuant to the terms of this Agreement . It is generally assumed that Available Bi omolecules will be [ * * * ] ; 1.4 shall mean the IP owned or licensed ( with the right to grant further rights thereunder ) by each Party which exists at the date of this Agreement and which is contributed to the Project Plan