definiens: means, with respect to a person, organization or en tity, any person, organization or entity controlling, controlled by or under common control with, such person, organization or entity . For purp oses of this definition only, of another person, organ ization or entity will mean the possession, directl y or indirectly, of the power to direct or cause the direction of th e activities, management or policies of such person, organization or entity, whether through the ownership of voting securities, by contract or otherwise . Without limit ing the foregoing, control will be presumed to exist when a person, organization or entity ( a ) owns or directl y controls fifty percent ( 50 % ) or more of the outstanding voti ng stock or other 1 ownership interest of the other organization or ent ity or ( b ) possesses, directly or indirectly, the p ower to elect or appoint fifty percent ( 50 % ) or more of the members of the governing body of the other organization or entity . The parties acknowledge that in the case of certain ent ities organized under the laws of certain countries outside of the United States, the maximum percentage ownership per mitted by law for a foreign investor may be less th an fifty percent ( 50 % ), and that in such cases such lower pe rcentage will be substituted in the preceding sente nce