definiens: shall be deemed to be followed by the phrase, ( c ) the word shall be construed to have the same meaning and effect as th e word, ( d ) any definition of or reference to any agreement, instrument or other document here in shall be construed as referring to such agreement, instrument or other document as from tim e to time amended, supplemented or otherwise modified ( subject to any restrictions on such amend ments, supplements or modifications set forth herein ), ( e ) any reference herein to any Person sha ll be construed to include 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 Schedule s shall be construed to refer to Sections, Exhibits or Schedules of this Agreement, and references to this Agreement include all Exhibits and Schedules hereto, ( h ) the word means notice in writi ng ( whether or not specifically stated ) and shall include notices, consents, approvals and other writ ten communications contemplated under this Agreement, ( i ) provisions that require that a Party or the Parties or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or othe rwise ( but excluding e- mail and instant messaging ), ( j ) references to any specific law, rule or regulat ion, or article, section or other division 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 associat ed with the term [ signature page follows ] CERTAIN IDENTIFIED INFORMATION HAS BEEN OMITTED FROM THIS DOCUMENT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED, AND HAS BEEN MARKED WITH TO INDICATE WHERE OMISSIONS HAVE BEEN MADE