definiens: has the inclusivemeaning that is typically associated with the phras e ; ( g ) the terms and mean including the generality of any description preceding such term and will be dee med to befollowed by ; ( h ) whenever this Agreement refers to a number of days, such number will refer tocalendar days unless Business Days are specified, a nd if a period of time is specified and dates from a given day orBusiness Day, or the day or Business Day of an act or event, it is to be calculated exclusive of that day or BusinessDay ; ( i ) means on a calendar month basis, ( j ) or means on a Calendar Q uarter basis;(k ) or means on a Calendar Year basis ; ( l ) means a three hundred sixty - five ( 365 ) day periodunless Calendar Year is specified ; ( m ) or means U.S. Dollars ; ( n ) references to a partic ular Person includesuch Person ’s successors and assigns to the extent not prohibited by this Agreement ; ( o ) all words use d in thisAgreement will be construed to be of such gender or number as the circumstances require ; ( p ) a capital ized term notdefined herein but reflecting a different part of s peech than a capitalized term which is defined here in shall beinterpreted in a correlative manner ; ( q ) any defini tion of or 114reference to any agreement, instrument or other doc ument herein shall be construed as referring to suc h agreement, instrument or other document as from time to time a mended, supplemented or otherwise modified ( subject to anyrestrictions on such amendments, supplements or mod ifications set forth herein ) ; ( r ) the words and derivative or similar words refer to t his Agreement ( including any Exhibits or Schedules ) ; ( s ) neither Partyor its Affiliates shall be deemed to be acting the other Party hereunder, except to the extent expresslyotherwise provided ; ( t ) there shall be no double - co unting in calculating Development Costs or Net Prof it or Loss or anycomponents thereof ; and ( u ) provisions that require that a Party, the Parties or any Committee or Work ing Grouphereunder, or or the li ke shall be deemed to require that such agreement, consent orapproval be specific and in writing in a written ag reement, letter or approved minutes, but, except as expresslyprovided herein, excluding e - mail and instant messa ging )