definiens: shall be deemed to be followed by the phrase, ( c ) the word shall be construed to have the same meaning and effect as the word ( d ) any definition of or reference to any agreem ent, instr ument or other document herein shall be construed a s 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 se t forth herein ), ( e ) any reference herein to any Person shall be construed to include the Person ’s s uccessors and permitted assigns, ( f ) the words, and and words of similar impo rt, shall be construed to refer to this Agreemen t in its entirety and not to any particular provision he reof, ( g ) all references herein to Sections, Exhibi ts or Schedules shall be construed to refer to Sections, Exhibits or Schedules of this Agreement, and refere nces to this Agreement include all Exhibi ts and Schedules hereto, ( h ) the word mean s notice in writing ( whether or not specifically stated ) and shall incl ude notices, consents, approvals and other written communications contemplated under this Agreement, ( i ) provisions that require that a Party, the Parties or any committee hereunder or or the like shall require that such agreeme nt, consent or approval be specific and in writing, whe ther by written agreement, letter, approved minutes or otherwise ( but excluding e- mail and instant messaging ), ( j ) references to any specific law, rule or regulation, or article, section or other division t hereof, shall be deemed to include the then- current amendments thereto or any replacement or successor law, rule or regulation t hereof and ( k ) the term shall be interpreted in the inclusive sense commonl y associated with the term 14.9 . No Implied Waivers ; Rights Cumulative