definiens: means any Person that, dir ectly or indirectly ( through one or more intermediaries ) controls, is controlled by, or is under common control with a Party . For purposes of this Section 1.2, means ( i ) the direct or indirect ownership of fifty percent ( 50 % ) or more of the votin g stock or other voting interests or interest in the profits of the Party, or ( ii ) the ability to otherwise control or direct the decisions of board of directors or equivalent governing body thereof . Notwithstanding the foregoing, for purposes of this Agre ement, Chugai Pharmaceutical Co., Ltd ( for purposes of this definition, ) and FMI Medicine, Inc. ( for purposes of this definition, ), and all business entities controlled by Chugai or FMI, shall not be considered [COMPANY] Affiliates, unless a nd until [COMPANY] elects to include one or more of such business entities as a [COMPANY] Affiliate, by providing written notice to Denali of such election