definiens: shall be deemed to be followed by the phrase, ( c ) the word shall be construed to ha ve the same meaning and effect as the word, ( d ) any def inition of or reference to any agreement, instrumen t or other document herein shall be construed as referring to such agreement, instrument or other document as fro m time to time amended, supplemented or otherwise modified ( s ubject to any restrictions on such amendments, supp lements or modifications set forth herein ), ( e ) any referen ce herein to any person shall be construed to inclu de the person ’s successors and assigns, ( f ) the words, and, and words of similar import, shall be construed to refer to this Agreement in its entiret y and not to any particular provision hereof, ( g ) a ll references herein to Sections, Exhibits or Schedules shall be construed to refer to Sections, Exhibits or Schedul es of this Agreement, and references to this Agreement include all Exhibits and Schedules hereto, ( h ) the word means notice in writing ( whether or not specificall y stated ) and shall include notices, consents, appr ovals and other written communications contemplated under this Agre ement, ( i ) provisions that require that a Party, th e Parties or any committee hereunder or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or othe rwise ( but excluding e - mail and instant messaging ), ( j ) refere nces to any specific law, rule or regulation, or ar ticle, section or other division thereof, shall be deemed to include the then - current amendments thereto or any replacem ent or successor law, rule or regulation thereof, and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term This Agreement has been prepared jointly and shall not be strictly construed against either Party