definiens: - means the ow nership of more than 50 % of the issued share capital or the legal power to direct or cause the direction o f the general management and policies of the Party in question ; 1.1.9 - those cl inical samples of human DNA in Gemini 's possession a nd control which are provided by Gemini pursuant to Cl ause 2 ; 1.1.10 - paper, not ebooks, books, files, ledgers, records, tapes, discs, diskettes, CDROM and any other media on which Know How can be permanently stored or recorded ; 1.1.11 - in rel ation to any Party any event or circumstance which is beyond the reasonable control of that Party wh ich event that Party could not reasonably be expect ed to have taken into account at the date of this Agre ement and which results in or causes the failure of th at Party to perform any or all of its obligations u nder this Agreement including act of God, lightning, f ire, storm, flood, earthquake, accumulation of snow or ice, lack of water arising from weath er or environmental problems, strike, lockout or other industrial disturbance, act of the public enemy, war declared or undeclared, threat of war, terrorist act, blockade, revolution, riot insurrection, civil commotion, public demonstration, sabotage, act of vandalism prevention from or hindrance in obt aining in any materials, energy or other supplies, explosion, fault or failure of plant or machinery ( w hich could not have been prevented by Good Indust ry Practice ), governmental restraint, act of legisl ature and directive or requirement of a Compete nt Authority governing either Party provided that lack of 4 < PAGE > funds shall not be inter preted as a cause beyond the reasonable control of th at Party ; 1.1.12 - unpatented technical and other information which is not in the public domain including, ideas, concep ts, inventions, discoveries, data, formulae, specific ations, information relating to material, procedures for experiments and tests and results of experimentati on and testing, results or research development inc luding laboratory records, clinical trial data, cas e report forins, data analyses, reports or sum maries and information contained in submissions to and information from ethical committees and C ompetent Authorities ; 1.1.13 - Documents a nd any chemical or biological substances including any : - ( a ) organic or inorganic element or compound ; ( b ) nucleotide or nucleo tide sequence including DNA and RNA sequence ; ( c ) gene ; ( d ) vector or construct including plasmids, phages or viruses ; ( e ) host organism includ ing bacteria, fungi, algae, protozoa and hybrido mas ; ( f ) eukaryotic or prokar yotic cell line or expression system or any develo pment strain or product of that cell line or ex pression system ; ( g ) protein including an y peptide or amino acid sequence, enzyme, an tibody or protein conferring target properties an d any fragment of a protein or a peptide enzyme or antibody ; ( h ) drug or pro - drug ; ( i ) assay or reagent ; or any other genetic or biologic material or micro - organism ; multi - cellular plant s ; ( j ) data for the derivat ion of molecular structures including NMR spectr a, X Ray diffraction patterns, and other primary experimental information, assignm ents and other calculations, required for determi nation of the structure, and co - ordinates of the derived molecular structure ; ( k ) computer programmes or algorithms