definiens: or means including, without limiting th e generality of any description preceding such term . Unless the context requires otherwise, ( i ) any reference to an y Applicable Law will be construed as referring to such Applicab le Law as from time to time enacted, repealed or am ended, ( ii ) the word means notice in writing ( whether or not specifically stated ) and includes notices, c onsents, approvals and other written communications contempl ated under this Agreement, ( iii ) any reference to a ny Person will be construed to include the Person ’s successor s and permitted assigns, ( iv ) the words, and, and words of similar import, will be c onstrued to refer to this Agreement in its entirety and not to any particular provision hereof, ( v ) provisions tha t require that a Party or the Parties to or or the like require that such agreement, consent or approval be specific and in writing, whe ther by written agreement, letter, approved minutes or othe rwise ( but excluding e - mail and instant messaging ), ( vi ) any reference to the words or will not impose any obligation o n either Party to agree to any terms relating thereto or to engage in discussions relating to such terms except as such Party may determine in such Party ’s sole discretion, ( vii ) the words and and words of simila r import when used in this Agreement include, to the extent available, electronic copies, files or databases co ntaining the information, files, items, documents or materials t o which such words apply, and ( viii ) except as othe rwise expressly provided herein all references to or refer to the lawful money of the United S tates . The headings of each Article and Section in this Agreem ent have been inserted for convenience of reference only and are not intended to limit or expand on the meaning of the language contained in the particular Article or Section