definiens: shall be deemed to be followed by thephrase, ( c ) the word shall be construed to have the same meaning and effect as the word, ( d ) any definition of or reference to any agreement, instrument or other document herein shall be construed asreferring to such agreement, instrument or other document as from time to time amended, supplemented or otherwisemodified ( subject to any restrictions on such amendments, supplements or modifications set forth herein ), ( e ) anyreference herein to any Person shall be construed to include the Person ’s successors and assigns, ( f ) the words, and, and words of similar import, shall be construed to refer to this Agreement in itsentirety and not to any particular provision hereof, ( g ) all references herein to Sections, Exhibits or Schedules shall beconstrued to refer to Sections, Exhibits or Schedules of this Agreement, and references to this Agreement include allExhibits and Schedules hereto, ( h ) the word means notice in writing ( whether or not specifically stated ) andshall include notices, consents, approvals and other written communications contemplated under this Agreement,(i ) provisions that require that a Party, the Parties or any committee hereunder or or thelike shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise ( but excluding e - mail and instant messaging ), ( j ) references to any specific law, rule or regulation, or article, section or other division thereof, shall be deemed to include the then - current amendmentsthereto or any replacement or successor law, rule or regulation thereof and ( k ) the term shall be interpreted in theinclusive sense commonly associated with the term