definiens: and shall mean respectiv ely includes and including without limitation ; ( b ) a Party includes its permitted assignees and/or their respective permitted successors in title to substantially the whole of its undertaking ; ( c ) a statute or statutory instrument or any of their p rovisions is to be construed as a reference to that statute or statutory instrument or such provision as the sa me may have been or may from time to time hereafter be amended or re - enacted ; ( d ) words denoting the singular shall include the plura l and vice versa and words denoting any gender shal l include all genders ; ( e ) the Exhibits and other attachments form part of the operative provision of this Agreement and reference s to this Agreement shall, unless the context otherwi se requires, include references to the Exhibits and attachments ; ( f ) the headings in this Agreement are for informat ion only and shall not be considered in the interpretation of this Agreement ; ( g ) general words shall not be given a restrictive inte rpretation by reason of their being preceded or fol lowed by words indicating a particular class of acts, mat ters or things ; and ( h ) the Parties a gree that the terms and conditions of this Agreemen t are the result of negotiations between the Parties and that this Agreement shall not be co nstrued in favor of or against any Party by reason of the extent to which any Party participated in the prepa ration of this Agreement