definiens: ( or ), such term shal l be deemed to mean an d ( or and ) regardless of whether the words or actually follow the term ( or ), except if expressly excluded by using the words, or similar wording ; ( b ) The recitals set forth at the start of this Agr eement, along with the Annexes to this Agreement, a nd the terms and conditions incorporated in such recit als and Annexes shall be deemed integral parts of this Agreement and all references in this Agreement to this Agreement shall encompass such recitals and Annexes and the terms and conditions incorporat ed in such recitals and Annexes ; ( c ) This Agreement shall be construed as if both Pa rties drafted it jointly, and shall not be construe d against either P arty as principal drafter ; ( d ) Unless otherwise provided, all references to Se ctions, Articles and Annexes in this Agreement are to Sections, Articles and Annexes of and to this Agree ment ; - 7 - ( e ) Unless otherwise provided, all references to days, months, quarters or years are references to calenda r days, calendar months, calendar quarters or calenda r years ; ( f ) The above definitions are intended to encompass the defined terms in both the singular and plural forms ; ( g ) The Article and Section headings of this Agreem ent are for convenience of the Parties only and in no way alter, modify, amend, limit, or restrict the co ntractual obligations of the Parties ; and ( h ) The words or used in thi s Agreement shall be deemed to include any communications sent by letter, facsimile or e -mail received by the Receiving Party ; and ( i ) The term used in this Agreement is to be in terpreted exclusively as, therefore implying mandatory rights and obligations of the Parties