definiens: in the phrase means the degree to which a 12subject or other thing extends, and such phrase does not mean simply The word shall not be exclusive . References to or are to United States of America dollars . References ( a ) to any statute, rule or regulation shall be deemed to refer to such statute, rule orregulation as amended from time to time and to any rules or regulations promulgated thereunder, provided that, for purposes of anyrepresentations and warranties contained in this Agreement that are made as of a specific date or dates, references to any statute, rule orregulation shall be deemed to refer to such statute, rule or regulation, as amended ( and, in the case of statutes, any rules and regulationspromulgated under such statutes ), in each case, as of such date, ( b ) to any Contract are to that Contract as amended, modified orsupplemented from time to time in accordance with the terms hereof and thereof ; provided that with respect to any Contract listed on anyschedules hereto, all such amendments, modifications or supplements must also be listed in the appropriate schedule, ( c ) to any Personinclude the successors and permitted assigns of that Person, ( d ) from or through any date mean, unless otherwise specified, from andincluding or through and including, respectively, ( e ) to the means the date of this Agreement and ( f ) to a or the mean the parties to this Agreement unless otherwise specified or the context otherwise requires . Unless otherwise provided in or required bythis Agreement, neither the specification of any dollar amount in any representation or warranty contained in this Agreement nor the inclusionof any specific item in any schedule is intended to imply that such amount, or higher or lower amounts, or the item so included or otheritems, are or are not material . Unless otherwise provided in or required by this Agreement, neither the specification of any item or matter inany representation or warranty contained in this Agreement nor the inclusion of any specific item in any schedule is intended to imply thatsuch item or matter, or other items or matters, are or are not in the ordinary course of business . The parties agree that they have beenrepresented by counsel during the negotiation and execution of this Agreement and, therefore, waive the application of any Law, holding orrule of construction providing that ambiguities in an agreement or other document will be construed against any particular party