Article 8: CERTAIN DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings indicated below:
Affiliate shall mean, as to any Person, any Person controlled by, controlling, or under common control with such Person, and, in the case of a Person who is an individual, a member of the family of such individual consisting of a spouse, sibling, in-law, lineal descendant, or ancestor (including by adoption), and the spouses of any such individuals. For purposes of this definition, control (including the terms controlling, controlled by and under common control with) of a Person means the possession, directly or indirectly, alone or in concert with others, of the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of securities, by contract or otherwise, and no Person shall be deemed in control of another solely by virtue of being a manager, director, officer or holder of voting securities of any entity. A Person shall be presumed to control any partnership of which such Person is a general partner.
Business of the Employer, or its Affiliates, includes all those businesses, products, and services that are presently or hereafter marketed by the Employer or its Affiliates, or that are in the development stage by the Employer or its Affiliates, at any time during the Employment Period; and any other business in which the Employer or any of its Affiliates are engaged in at any time during the Employment Period.
Current Customer shall mean any Person who is currently utilizing any product or service sold or provided by the Employer or any of its Affiliates; any Person who utilized any such product or service within the previous 12 months; and any Person with whom the Employer or any of its Affiliates is currently conducting negotiations concerning the utilization of such products or services.
Person shall have the meaning given in Section 3(a)(9) of the Securities Exchange Act of 1934, as amended, as modified and used in Sections 13(d)(3) and 14(d)(2) of such act.
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