definiens: shall be construed as incorporating, also, or ( b ) the word or means a calendar day or year unless otherwise specified ; ( c ) the word shall mean notice in writing ( whether or not specifically stated ) and shall include notices, consents, a pprovals and other written communications contemplated under this Agreement ; ( d ) the words and derivative or similar words refer to this Agreement ( including any Exhibits ) ; ( e ) the word shall be construed as the inclusive meaning identified with the phrase ( f ) provisions that require that a Party or the Parties hereunder or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter or otherwise ; ( g ) words of any gender include the other gender ; ( h ) words using the singular or plural number also include the plural or singular number, respectively ; and ( i ) the word ( or ) when used herein means any applica ble, legally binding statute, ordinance, resolution, regulation, code, guideline, rule, order, decree, judgment, injunction, mandate or other legally binding requirement of a government entity, together with -34- any then -current modification, amendm ent and re -enactment thereof, and any legislative provision substituted therefor . The Parties and their respective counsel have had an opportunity to fully negotiate this Agreement . If any ambiguity or question of intent or interpretation arises, this Agre ement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Agreement