definiens: ) that is intended to utilize the Products ( as defined below ) and desires FRESENI US to develop and manufacture the Products for TRANSMEDICS in accordance with the specifications p rovided by TRANSMEDICS ; and WHEREAS, FRESENIUS and TRANSMEDICS hereby agree upon the t erms and conditions under which i ) FRESENIUS is willing to perform the Prelim inary Activities ( as defined below ) and ii ) FRESENI US will toll manufacture and supply the Products for c ommercial sale by TRANSMEDICS ; NOW, THEREFORE, in consideration of the mutual covenants and agre ements contained herein, and upon the terms and subject to the conditions set fo rth below, the Parties hereby agree as follows : ARTICLE 1 DEFINITIONS For the purpose of this Agreement, the terms set fo rth in this Article shall have the following meanin gs stated below . The singular form of the terms shall thereby include the plural form thereof : 1.1 means, with respect to any perso n or Entity ( as hereinafter defined ), any other per son or Entity that controls, is controlled by or is under common control with the specified person or Entity