definiens: means, with respect to any Party, any Person, organization or entity which directly or indirectly controls, iscontrolled by, or is under common control with such Party . For purposes of this definition only, and, withcorrelative meanings, the terms and of another Person, organization orentity will mean the ability, directly or indirectly, to direct the activities of the relevant entity, including : ( i)ownership or control of more than fifty percent ( 50 % ) of the outstanding voting or other ownershipinterest of the other organization or entity ; or ( ii)direct or indirect possession of the power to elect or appoint more than fifty percent ( 50 % ) of themembers of the governing body of the organization or other entity;PROVIDED that in the case of jurisdictions in which the maximum percentage ownership permitted by law for aforeign investor is less than fifty percent ( 50 % ), such lower percentage shall be substituted in the preceding sentenceif such foreign investor has the power to direct the management and policies of such entity . Neither of the Parties tothis Agreement shall be deemed to be an of the other solely as a result of their entering into this Agreement