definiens: means any corporation, company, partnership, joint venture and/or firm that controls, is controlled by, oris under common control with a specified person or entity . For purposes of this Section 1.3, shall be presumed toexist if one of the followingconditions is met : ( a ) in the case of corporate entities, direct or indirect ownership of more than fifty percent ( 50 % ) of thestock or shares having the right to vote for the election of directors, and ( b ) in the case of non - corporate entities, direct orindirect ownership of more than fifty percent ( 50 % ) of the equity interest with the power to direct the management andpolicies of such non - corporate entities . The Parties acknowledge that in the case of certain entities organized under the Lawsof certain countries outside of the United States, the maximum percentage ownership permitted by Law for a foreign investormay be less than fifty percent ( 50 % ), and that in such case such lower percentage shall be substituted in the precedingsentence, provided that such owner has the power to direct the management and policies of such entity . In the case ofNovartis, shall also expressly be deemed to include the [COMPANY] Institute for Functional Genomics, Inc. and itsAffiliates, and, solely with respect to [COMPANY] ’ and its Affiliates ’ obligations with respect to Infinity ’s ConfidentialInformation, Friedrich Miescher Institute for Biomedical Research