definiens: is not exclusive . The word in the phrase shall mean the degree towhich a subject or other thing extends, and such phrase shall not mean The definitions contained in thisAgreement are applicable to the singular as well as the plural forms of such terms . Any agreement, instrument or Lawdefined or referred to herein means such agreement, instrument or Law as from time to time amended, modified orsupplemented, unless otherwise specifically indicated . References to a Person are also to its successors andpermitted assigns . Unless otherwise specifically indicated, all references to and will be deemedreferences to the lawful money of the United States of America . The term and words of similar importmean that the relevant documents, instruments or materials were ( a ) posted and made available to the other party onthe applicable due diligence data site, maintained by a party for the purpose of the Merger and the other Transactions, in each case prior to the date hereof, or ( b ) publicly available by virtue of the relevant party ’s filing of a publiclyavailable final registration statement, prospectus, report, form, schedule or definitive proxy statement filed with theSEC pursuant to the Securities Act or the Exchange Act on or after January 1, 2017 and prior to the date of thisAgreement . No provision of this Agreement will be interpreted in favor of, or against, any of the parties to thisAgreement by reason of the extent to which any such party or its legal counsel participated in the drafting thereof orby reason of the extent to which any such provision is inconsistent with any prior draft of this Agreement, and no ruleof strict construction will be applied against any party hereto . The CGI Disclosure Letter and the NDX DisclosureLetter set forth items of disclosure with specific reference to the particular Section or subsection of this Agreement towhich the information in the CGI Disclosure Letter or NDX Disclosure Letter, as the case may be, relates ; providedthat any fact or item that is disclosed in any section of the CGI Disclosure Letter or the NDX Disclosure Letter so asto make its relevance ( i ) to other representations made elsewhere in the Agreement, or ( ii ) the information called for byother sections of the CGI Disclosure Letter or the NDX Disclosure Letter reasonably apparent shall be deemed toqualify such representations or to be disclosed in such other sections of the CGI Disclosure Letter, the NDXDisclosure Letter, as the case may be, notwithstanding the omission of any appropriate cross - reference thereto;provided, further that, notwithstanding anything in this Agreement to the contrary, the inclusion of an item in eithersuch disclosure schedule as an exception to a representation or warranty will not be deemed an admission that suchitem represents a material exception or material fact, event or circumstance or that such item has had or wouldreasonably be expected to have a Material Adverse Effect on CGI or NDX, as the case may be . Except where thecontext otherwise requires, references to the or will be deemed to refer to CGI and MergerSub, collectively, on the one hand, and NDX, on the other hand . All electronic communications from a Persondelivered in accordance with Section 9.02 shall be deemed to be for purposes of this Agreement