definiens: or mean including, without limiting the generality of any description preceding such term . Unless the context requiresotherwise, ( i ) any definition of or reference to any agreement, instrument or other document will be construed asreferring to such agreement, instrument or other document as from time to time amended, supplemented or otherwisemodified ( subject to any restrictions on such amendments, supplements or modifications set forth herein or therein),(ii ) any reference to any Laws will be construed as referring to such Laws as from time to time are enacted, repealedor amended, ( iii ) any reference to any person will be construed to include the person ’s successors and permittedassigns, ( iv ) the words, and, and words of similar import, will be construed to refer tothis Agreement in its entirety and not to any particular provision hereof, ( v ) any reference to the words or will not impose any obligation on either Party to agree to any terms relatingthereto or to engage in discussions relating to such terms except as such Party may determine in such Party ’s solediscretion, ( vi ) all references to Sections, Exhibits or Schedules will be construed to refer to Sections, Exhibits andSchedules to this Agreement, ( vii ) the word means calendar days unless otherwise specified, and ( viii ) thewords and and words of similar import when used in this Agreement include, to the extent available, electronic copies, files or databases containing the information, files, items, documents or materials to which suchwords apply . The headings of each Article and Section in this Agreement have been inserted for convenience ofreference only and are not intended to limit or expand on the meaning of the language contained in the particularArticle or Section . Each Party represents that it has been represented by legal counsel in connection with thisAgreement and acknowledges that it has participated in the drafting hereof . In interpreting and applying the terms andprovisions of this Agreement, the Parties agree that no presumption will apply against the Party which drafted suchterms and provisions