definiens: shall 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 other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, su pplemented or otherwise modified ( subject to any restrictions on such amendments, supplements 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 entirety and not to any particular provision hereof, ( g ) all references herein to Sections, Schedules, or Exhibits shall be construed to refer t o Sections, Schedules or Exhibits as described in this Agreement, ( h ) the word means notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvals and other written communications contemplated under this Agr eement, ( i ) provisions that require that a Party, the 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, ap proved minutes or otherwise ( but excluding e -mail and instant messaging ), ( j ) references to any specific law, rule or regulation, or Section, section or other division thereof, shall be deemed to include the then -current amendments thereto or any replaceme nt or successor law, rule or regulation thereof, and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term where applicable