definiens: is notexclusive . The word in the phrase shall mean the degree to which a subject or other thing extends, andsuch phrase shall not mean simply The definitions contained in this Agreement are applicable to the singular as well asthe plural forms of such terms . Any agreement or instrument defined or referred to herein or in any agreement or instrumentthat is referred to herein means such agreement or instrument as from time to time amended, modified orsupplemented . References to a Person are also to its permitted successors and assigns . References to matters disclosed in theFiled Company SEC Documents are made without giving effect to any amendment to any such Filed Company SEC Documentfiled on or after the date hereof . The mere inclusion of an item in the Company Disclosure Schedule as an exception to arepresentation or warranty shall not be deemed an admission that such item represents a material exception or material fact, event or circumstance or that such item has had, would have or would reasonably be expected to have, individually or in theaggregate, a Material Adverse Effect . The parties have participated jointly in the negotiation and drafting of this Agreement