definiens: shall be deem ed to be followed by the phrase, ( c ) the word shall be construed to have the same meaning and effect as the word, ( d ) any definition of or reference to any agreement, instrument or other document herein shal l be construed as referring to such agreement, instru ment or other document as from time to time amended, supplemented or otherwise modified ( subjec t to any restrictions on such amendments, supplements or modifications set forth herein ), ( e ) any reference herein to any person or entity shall be construed to include the person ’s or entity ’s succe ssors and assigns, ( f ) the words, and, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( g ) all references herein to Articles, Sections, Exhibits or Schedules shall be construed to refer t o Articles, Sections, Exhibits or Schedules of this Agreement, and references to this Agreement include all Exhibits, Schedules and Appendixes hereto, ( h ) the word means notice in writing ( whet her or not specifically stated ) and shall include notices, consents, approvals and other written comm unications contemplated under this Agreement, ( i ) provisions that require that a Party, the Parties o r any committee hereunder or or the like shall require that such agree ment, consent or approval be specific and in writin g, whether by written agreement, letter, approved minu tes 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 - curren t amendments thereto or any replacement or successor law, rule or regulation thereof, ( k ) the term shall be interpreted in the inclusive sen se commonly associated with the term, and ( l ) references to any Sections include Sections and subsections 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 )