definiens: has the inclusive meaningrepresented by the phrase Whenever this Agreement refers to a number of days, unless otherwise specified, suchnumber refers to calendar days . The headings of this Agreement are for convenience of reference only and do not define, describe, extend or limit the scope or intent of this Agreement or the scope or intent of any provision contained in thisAgreement . The term or as used in this Agreement means including, without limiting the generality ofany description preceding such term . Whenever this Agreement refers to termination of this Agreement itshall be understood to mean a termination of this Agreement as a whole ( rather than on a Licensed Product - by - LicensedProduct basis as occurs pursuant to Section 14.2.2 ), provided that a reference to is not intended and shall notbe construed to be in derogation of the survival provisions of Section 14.9 . Whenever this Agreement refers to a licensee orsublicensee ( or ( sub)licensee ) ) of [COMPANY] or any of its Affiliates, the reference to such licensee or sublicensee ( or(sub)licensee ) ) shall be deemed to exclude Impax and its Affiliates and Sublicensees . The wording of this Agreement shall bedeemed to be the wording mutually chosen by the Parties and no rule of strict construction shall be applied against any Party