definiens: will be deemed to be followed by the phrase ( c ) the word will be construed to have the samemeaning and effect as the word ( d ) any definition of or reference to any agreement, instrument or other document herein will beconstrued as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified(subject to any restrictions on such amendments, supplements or modifications set forth herein ), ( e ) any reference herein to any person or entitywill be construed to include the person ’s or entity ’s successors and assigns, ( f ) the words and, and words of similarimport, will be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( g ) the word means notice inwriting ( whether or not specifically stated ) and will include notices, consents, approvals and other written communications contemplated underthis Agreement, ( h ) provisions that require that a Party, the Parties or any committee hereunder or or the like willrequire that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise(but excluding e - mail and instant messaging ), ( i ) references to any specific law, rule or regulation, or article, section or other division thereof, willbe deemed to include the then - current amendments thereto or any replacement or successor law, rule or regulation thereof, ( j ) the term willbe interpreted in the inclusive sense commonly associated with the term ( k ) references to any Sections include Sections andsubsections that are part of the related Section ( e.g., a section numbered would be part of, and references to would also refer to material contained in the subsection described as ) and ( l ) neither Party or its Affiliates or Sublicenseesshall be deemed acting or the other Party . The language of this Agreement shall be deemed to be thelanguage mutually chosen by the Parties and no rule of strict construction shall be applied against either Party hereto . Each Party represents thatit has been represented by legal counsel in connection with this Agreement and acknowledges that it has participated in the drafting hereof . Ininterpreting and applying the terms and provisions of this Agreement, the Parties agree that no presumption will apply against the Party whichdrafted such terms and provisions . All amounts ( including payment amounts and calculation thereof ) are stated in U.S. Dollars unless anothercurrency is specified . To the extent there exists any discrepancy between any internal, alphabetical or numerical cross - reference to a Section, Article or Schedule of this Agreement and the parenthetical immediately following such cross - reference, the parenthetical shall govern