definiens: shall be construed to have the same meani ng and effect as the word ; ( d ) any definition of or refer ence 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 a mended, supplemented 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 each of the ir entirety, as the context requires, and not to an y particular provision hereof ; ( g ) all references herein to Sect ions or Exhibits shall be construed to refer to Sec tions or Exhibits of this Agreement, and references to this Agreement include all 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 thi s Agreement ; ( i ) provisions that require that a Par ty, the Parties or any committee hereunder or or the like shall require that such agreement, consent or approval be specific and in w riting, whether by written agreement, letter, appro ved minutes or otherwise ( but excluding e - mail and inst ant messaging ) ; ( j ) references to any specific law, rule or regulation, or article, Section or other division t hereof, shall be deemed to include the then - current amendments thereto or any replacement or successor law, rule o r regulation thereof ; and ( k ) the term shall b e interpreted in the inclusive sense commonly associated with the term 13.9 No Implied Waivers ; Rights Cumulative