definiens: shall be construed to have the same meaning and eﬀect as the word ; ( d ) any deﬁnition of or reference to anyagreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to timeamended, supplemented or otherwise modiﬁed ( subject to any restrictions on such amendments, supplements or modiﬁcations set forth herein ) ; ( e ) anyreference herein to any Person shall be construed to include the Person ’s successors and permitted assigns ; ( f ) the words, and, and words of similar import, shall be construed to refer to this Agreement in each of their entirety, as the context requires, and not to anyparticular provision hereof ; ( g ) all references herein to Sections or Schedules shall be construed to refer to Sections or Schedules of this Agreement, andreferences to this Agreement include all Schedules hereto ; ( h ) the word means notice in writing ( whether or not speciﬁcally stated ) and shallinclude notices, consents, approvals and other written communications contemplated under this Agreement ; ( i ) provisions that require that a Party, theParties or any committee hereunder or or the like shall require that such agreement, consent or approval be speciﬁc and inwriting, whether by written agreement, letter, approved minutes or otherwise ( but excluding e - mail and instant messaging ) ; ( j ) references to any speciﬁclaw, rule or regulation, or article, Section or other division thereof, shall be deemed to include the42 [ * * * ] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIALTREATMENT HAS BEEN REQUESTED . ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 PROMULGATED UNDER THESECURITIES EXCHANGE ACT OF 1934, AS AMENDEDthen - current amendments thereto or any replacement or successor law, rule or regulation thereof ; and ( k ) the term shall be interpreted in theinclusive sense commonly associated with the term 14.9 No Implied Waivers ; Rights Cumulative