definiens: shall be construed to have the s ame meaning and effect as the word ( c ) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified ( subject to any restrictions on such amendments, supplements or modifications set forth herein ), ( d ) any reference herein to any Party shall be construed to include the Party ’s successors and assigns, ( e ) the word shall mean notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvals and other written communications contemplated under this Agreement, ( f ) provisions that require that a Party or the Parties or or the like 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 ), ( g ) references to any specific Law, rule or r egulation, or article, section or other division thereof, shall be deemed to include the then -current amendments thereto or any replacement or successor Law, rule or regulation thereof, ( h ) words of any gender include each other gender, ( i ) words such as and refer to this Agreement as a whole and not merely to the particular provision in which such words appear, ( j ) the words and shall be deemed to be followed by the phrase or words of similar import, and ( k ) unless is specified, shall mean In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement