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 or the Parties or or the like shall r equire that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, a pproved minutes or otherwise ( but excluding e - mail and instant messaging ), ( j ) references to any specific law, rul e or regulation, or article, section or other divis ion thereof, shall be deemed to include the then - current amendments th ereto or any replacement or successor law, rule or regulation thereof, and ( k ) the term shall be interpreted in the inclusive sense commonly associated with th e term 2