definiens: as used herein shall mean including, without limiting the generality of anydescription preceding such term . The term or shall mean, withrespect to a Party, the knowledge that any officer, any director or any manager of such Party orany Affiliate of such Party ( including, with respect to BZL, Dr. Neil Bander, Dennis Goldbergand Barry Silverstein ), have or would have, without special investigation, if he or she hadperformed his or her services and duties in the ordinary course on behalf of such Party orAffLliate in a reasonably diligent manner . For purposes of this Agreement, believe " shall mean, with respect to the representation, warranty orcovenant of a Pcrson, what such Person actually believed or reasonably should have believed, based on information known to such person and information generally known or knowable, atthe time such representation, warranty or covenant is made . The language of this Agreementshall be deemed to be the languagc mutually chosen by the Parties and no rule of strictconstruction shall be applied against either Party hereto . Any item disclosed in a schedule orreport provided pursuant to this Agreement shall be deemed to have been disclosed for purposesof all schedules and reports provided pursuant to this Agree'ment, to the extent such disclosure istrue, complete and correct and not misleading