definiens: means any individual, corporat ion, association or other business entity which dir ectly or indirectly controls, is controlled by, or is und er common control with the Party in question, As ‘ u sed in this definition of the term means the direct or indirect ownership of more than fift y percent ( > 50 % ) of the stock having the right to vote for di rectors thereof or the ability to otherwise control the management of the corporation or other business ent ity whether through the ownership of voting securit ies, by contract, resolution, regulation or otherwise . Anyt hing to the contrary in this paragraph notwithstand ing, Chugai Pharmaceutical Co., Ltd, a Japanese corporation, ( ) shall not be deemed an Affiliate of GlycAr t unless GlycArt provides written notice to ICT of its desir e to include Chugai as an Affiliate of GlycArt . Gly cArt shall have the right to include Chugai in whole or in par t, i.e. on a legal entity - by - legal entity basis