definiens: means and includes with respect to any Party, ( i ) any legal entity of which the securities or other ownership interests representing fifty percent ( 50 % ) or more of the equity or fifty percent ( 50 % ) or more of the ordinary voting power or fifty percent ( 50 % ) or more of the general partnership interest are, at the time such determinatio n is being made, owned, controlled or held, directly or indirectly, by such legal entity, or ( ii ) any legal entity which, at the time such determination is being made, is controlling or under common control with, such Party . As used in this definition, the term, whether used as a noun or verb, refers to the possession, directly or indirectly, of the power to direct, or cause the direction of, the management or policies of a legal entity, whether through the ownership of voting securities, by contr act or otherwise . Notwithstanding the foregoing, with respect to [COMPANY], Affiliate shall not include Mr. Dietmar Hopp or dievini Hopp BioTech Holding GmbH & Co. KG, or any other person controlled by Mr. Dietmar Hopp or dievini Hopp BioTech Holding GmbH & Co. KG ( other than [COMPANY] or its Affiliates other than the foregoing )