definiens: means . The word means unless the context dictates otherwise because the subject of the conjunction are mutually exclusive . The words and and other words of similar import refer to this Agreement as a whole and not to any particular Section or othersubdivision . All references to days in this Agreement mean calendar days, unless otherwise specified . References to either Party include thesuccessors 43and permitted assigns of that Party . All references in this Agreement to the singular shall include the plural where applicable . Theheadings of this Agreement are for convenience of reference only and in no way define, describe, extend or limit the scope or intent of thisAgreement or the intent of any provision contained in this Agreement . Unless otherwise specified, references in this Agreement to any Articleshall include all Sections, subsections and paragraphs in such Article, references to any Section shall include all subsections and paragraphsin such Section, and references in this Agreement to any subsection shall include all paragraphs in such subsection . The Parties have eachconsulted counsel of their choice regarding this Agreement and have jointly prepared this Agreement, and, accordingly, no provisions of thisAgreement shall be construed against either Party on the basis that the Party drafted this Agreement or any provision thereof . If the terms ofthis Agreement conflict with the terms of any Exhibit, then the terms of this Agreement shall govern . This Agreement has been prepared in theEnglish language and English shall control its interpretation