definiens: or as used herein shall mean including, without limiting the generality of any description preceding such term . Unless the context requires otherwise, ( i ) any definition of or referenceto any agreement, instrument or other document herein will be construed as referring to such agreement, instrument or other document asfrom time to time amended, supplemented or otherwise modified ( subject to any restrictions on such amendments, supplements ormodifications set forth herein or therein ), ( ii ) any reference to any applicable Laws herein will be construed as referring to such Laws as fromtime to time enacted, repealed or amended, ( iii ) any reference herein to any person will be construed to include the person ’s successors andpermitted assigns, ( iv ) the words, and, and words of similar import, will be construed to refer to this Agreementin its entirety and not to any particular provision hereof, ( v ) any reference herein to the words or will not impose any obligation on either Party to agree to any terms relating thereto relating to such terms except as such Party maydetermine in such Party ’s sole discretion, ( vi ) all references herein to Sections or Exhibits will be construed to refer to Sections and Exhibitsto this Agreement, ( vii ) the word means calendar days unless otherwise specified, ( viii ) except as otherwise expressly provided hereinall references to or refer to the lawful money of the U.S., and ( ix ) the words and and words of similar import whenused in this Agreement include, to the extent available, electronic copies, files or databases containing the information, files, items, documents or materials to which such words apply . The headings of each Article and Section in this Agreement have been inserted forconvenience of reference only and are not intended to limit or expand on the meaning of the language contained in the particular Article orSection . Each Party represents that it has been represented by legal counsel in connection with this Agreement and acknowledges that ithas participated in the drafting hereof . In interpreting and applying the terms and provisions of this Agreement, the Parties agree that nopresumption will apply against the Party which drafted such terms and provisions . The language in this Agreement is to be construed in allcases according to its fair meaning