definiens: is used in the inclusive sense . When used in thisTermination Agreement, means . References to either Party include the successorsand permitted assigns of that Party . The headings of this Termination Agreement are for convenience of reference only and inno way define, describe, extend or limit the scope or intent of this Termination Agreement or the intent of any provisioncontained in this Termination Agreement . The Parties have each consulted counsel of their choice regarding this TerminationAgreement, and, accordingly, no provisions of this Termination Agreement shall be construed against either Party on the basisthat the Party drafted this Termination Agreement or any provision thereof . If the terms of this Termination Agreement conflictwith the terms of any Exhibit, then the terms of this Termination Agreement shall govern . The official text of this TerminationAgreement and any Exhibits hereto, any notice given or accounts or statements required by this Termination [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filedseparately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934,as amended