definiens: sha ll 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 definition of or reference to any agreement, instrument or other document herein shall be constr ued as referring to such agreement, instrument or o ther document as from time to time amended, supplemented or otherwise modified ( subject to any restrictions on such amendments, supplements or modifications se t forth herein ), ( e ) any reference herein to any Pe rson shall be construed to include the Person ’s successo rs and assigns, ( f ) the words, an d, 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 ) all ref erences herein to Sections, Exhibits or Schedules s hall be construed to refer to Sections, Exhibits or Schedul es of this Agreement, and references to this Agreem ent include all Exhibits and Schedules hereto, ( h ) the word means notice in writing ( whether or n ot specifically stated ) and shall include notices, con sents, approvals and other written communications contemplated under this Agreement, ( i ) provisions t hat require that a Party, the Parties or any commit tee hereunder, or or the li ke shall require that such agreement, consent or approval be specific and in writing, whether by wri tten agreement, letter, approved minutes or otherwi se ( but excluding e - mail and instant messaging ), ( j ) r eferences to any specific law, rule or regulation, or article, section or other division thereof, shall b e deemed to include the then- current amendments thereto or any replacement or successor law, rule or regulatio n thereof, ( k ) the term shall be [ * ] = Certain confidential information contained in this document, marked by brackets, has been omit ted and filed separately with the Securities and Exchange C ommission pursuant to Rule 406 of the Securities Ac t of 1933, as amended