definiens: wil l be deemed to be followed by the phrase, ( c ) the word will be construed to hav e the same meaning and effect as the word, ( d ) any def inition of or reference to any agreement, instrumen t or other document herein will be construed as referring to s uch 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 ), ( e ) any reference herein to any Person will be constru ed to include the Person ’s successors and assigns, ( f ) th e words, and, and wor ds of similar import, will be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( g ) all references herein to Sections, Exhi bits or Schedules will be construed to refer to Sec tions, Exhibits or Schedules of this Agreement, and references to t his Agreement include all Exhibits and Schedules he reto, ( h ) the word means notice in writing ( whether or not specifically stated ) and will include notice s, consents, approvals and other written communications contempl ated under this Agreement, ( i ) provisions that requ ire that a Party, the Parties or any committee hereunder or or the like will requi re that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise ( but excluding e - mail ( except where explicitly otherwise stated ) and instant mess aging ), ( j ) references to any specific law, rule or regulat ion, or article, section or other division thereof, will be deemed to include the then - current amendments thereto or a ny replacement or successor law, rule or regulation thereof, and ( k ) the term will be interpreted in the in clusive sense commonly associated with the term 10.5