definiens: . The word shall be construed to have the same meaning and effect as the word Thewords, and and words of similar import when used in this Agreement shall refer to thisAgreement as a whole and not to any particular provision of this Agreement . The word shall not be exclusive . Theword in the phrase shall mean the degree to which a subject or other thing extends, and suchphrase shall not mean simply . The phrase or shall be deemed to refer toMay 4, 2009 . Whenever used in this Agreement, any noun or pronoun shall be deemed to include the plural as well asthe singular and to cover all genders . This Agreement shall be construed without regard to any presumption or rulerequiring construction or interpretation against the party drafting or causing any instrument to be drafted . References to shall include the Company Schedule of Exceptions . All terms defined in this Agreement shall havethe defined meanings when used in any certificate or other document made or delivered pursuant hereto unlessotherwise defined therein . Any Contract, instrument or Law defined or referred to herein or in any Contract or instrumentthat is referred to herein means such Contract, instrument or Law as from time to time amended, modified orsupplemented, including ( in the case of Contracts or instruments ) by waiver or consent and ( in the case of Law ) bysuccession of comparable successor Law and references to all attachments thereto and instruments incorporatedtherein . References to a person are also to its permitted successors and assigns