definiens: shall be c onstrued to have the same meaning and effect as the word ( c ) any definition of or reference to any agreement, instrument or other document herein shall be construed as refe rring to such agreement, instrument or other docume nt as from time to time amended, supplemented or otherwis e modified ( subject to any restrictions on such amendments, supplements or modifications set forth herein ), ( d ) any reference herein to any Party shal l be construed to include the Party ’s successors and ass igns, ( e ) the word 32 shall mean notice in writing ( whether or n ot specifically stated ) and shall include notices, consents, approvals and other written communications contempl ated under this Agreement, ( f ) provisions that requ ire 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 wri tten agreement, letter, approved minutes or otherwi se ( but excluding e - mail and instant messaging ) and without condition or delay, ( g ) references to any specific Law, rule or regulation, or article, section or other divisio n thereof, shall be deemed to include the then - curr ent amendments thereto or any replacement or successor Law, rule or regulation thereof, ( h ) words of any g ender include each other gender, ( j ) words such as and refer to this Agreemen t as a whole and not merely to the particular provision in which such words appear, ( i ) the words and shall be deemed to be followed by t he phrase or words of similar import, and ( j ) unless is specified, shall mean In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be cons trued as if drafted jointly by the Parties and no presumption o r burden of proof shall arise favoring or disfavori ng any Party by virtue of the authorship of any of the provision s of this Agreement