definiens: shall mean a ) an organization, which directly or indirectly controls a Party of this Agreement ; b ) an organization, which is directly or indirectly controlled by a Party to this Agreement ; c ) an organization, which is controlled, directly or indirectly, by the ultimate parent company of a Party . Control as per a ) to c ) is defined as owning more than fifty percent of the voting stock of a company or having otherwise the power to govern the financial and the operating policies to appoint the management or to appoint the management of an organization . With respect to [COMPANY] the term shall not include Chugai Pharmaceutical Co. Ltd., 1 - 1 - Nihonbashi - Muromachi 2 - chome, Chuo - ku Tokyo, 103 - 8324, Page 1 of23 Japan ( ), unless [COMPANY] opts for such inclusion of Chugai by giving written notice to Dexcom