definiens: is used in the inclusive sense . When used inthis Agreement, means . References to either Party include thesuccessors and permitted assigns of that Party . The headings of this Agreement are for convenience of referenceonly and in no way define, describe, extend or limit the scope or intent of this Agreement or the intent of any provisioncontained in this Agreement . The Parties have each consulted counsel of their choice regarding this Agreement andhave jointly prepared this Agreement, and, accordingly, no provisions of this Agreement shall be construed againsteither Party on the basis that the Party drafted this Agreement or any provision thereof . If the terms of this Agreementconflict with the terms of any Exhibit, then the terms of this Agreement shall govern . The official text of thisAgreement and any Exhibits hereto, any notice given or accounts or statements required by this Agreement, and anydispute proceeding related to or arising hereunder, shall be in English . In the event of any dispute concerning theconstruction or meaning of this Agreement, reference shall be made only to this Agreement as written in English andnot to any other translation into any other language