definiens: and shall mean includes and including without limitat ion ; ( e ) a Party includes its permitted assignees and/or the respective successors in interest to substanti ally the whole of its undertaking ; Confidential 13 CONFIDENTIAL ( f ) any reference to an enactment or statutory prov ision is a reference to it as it may have been, or may from time to time be amended, modified, consolidate d or re - enacted ; ( g ) the Attachments form part of the operative prov isions of this Agreement and references to this Agreement shall, unless the context otherwise requi res, include references to the Attachments . In the event of any inconsistency between the Attachments and the t erms of this Agreement, the terms of this Agreement shall prevail ; ( h ) general words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of acts, matters or things ; ( i ) any reference in this Agreement to an Article, Section, subsection, paragraph, clause or Attachmen t shall be deemed to be a reference to an Article, Se ction, subsection, paragraph, clause or Attachment, of or to, as the case may be, this Agreement, unless otherwise i ndicated . Unless the context of this Agreement othe rwise requires, ( a ) words such as,, and refer to this Agreement as a whole and not merely to the particular provision in which such wo rds appear, and ( b ) the use of and h ave interchangeable meanings for purposes of this Agree ment ; and ( j ) neither Party or its Affiliates shall be deemed to be acting or o f the other Party or its Affiliates