definiens: means notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvalsand other written communications contemplated under this Agreement, ( i ) provisions that require that a Party, theParties or any committee hereunder or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes orotherwise ( but excluding e - mail and instant messaging ), ( j ) references to any specific law, rule or regulation, orarticle, section or other division thereof, shall be deemed to include the then - current amendments thereto or anyreplacement or successor law, rule or regulation thereof, ( k ) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or otherdocument as from time to time amended, supplemented or otherwise modified ( subject to any restrictions onsuch amendments, supplements or modifications set forth herein ), and ( l ) the term shall be interpreted in theinclusive sense commonly associated with the term 2