definiens: sha ll be deemed 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 oth er document herein shall be construed as referring to such agre ement, instrument or other document as from time to time amended, supplemented or otherwise modified ( subjec t to any restrictions on such amendments, supplemen ts or modifications set forth herein ), ( e ) any reference herein to any Person shall 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, Schedules, or Exhibits shall be construed to refer to Sections, Schedules or Exhib its of this Agreement, and references to this Agreement include all Schedules and Exhibits hereto, ( h ) the word means notice in writing ( whether or not specificall y stated ) and shall include notices, consents, appr ovals and other written communications contemplated under this Agre ement, ( i ) provisions that require that a Party, th e Parties or any committee hereunder, 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 ) refere nces to any specific law, rule or regulation, or Se ction, section or other division thereof, shall be deemed to inclu de the then - current amendments thereto or any repla cement or successor law, rule or regulation thereof, and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term 14.15 Counterparts . This Agreement may be executed in two ( 2 ) or more counterparts, each of which shall be deemed an original, but all of which toget her shall constitute one and the same instrument . E ach Party shall be entitled to rely on the delivery of execut ed facsimile copies of counterpart execution pages of this Agreement and such facsimile copies shall be legall y effective to create a valid and binding agreement among the Parties