definiens: shall be cons trued to have the same meaning and effect as the wo rd ; ( d ) any definition of or reference to any agreement, instrument or other document herein shall be cons trued as referring to such agreement, instrument or other do cument as from time to time amended, supplemented o r otherwise modified ( subject to any restrictions on such amendments, supplements or modifications set f orth herein ) ; ( e ) any reference herein to any Person sha ll be construed to include the Person ’s successors and permitted assigns ( subject to Section 16.1 with res pect to a Party ) ; ( f ) the words, and, and words of similar import, shall be construed to refer to this -79- Agreement in each of their entirety, as the context requires, and not to any particular provision here of ; ( g ) all references herein to Sections or Schedules shall be construed to refer to Sections or Schedules of thi s Agreement, and references to this Agreement include all Schedu les hereto ; ( h ) the word means notice in w riting ( whether or not specifically stated ) and shall incl ude notices, consents, approvals and other written communications contemplated under this Agreement ; ( i ) provisions that require that a Party, the Partie s or any committee hereunder or or the like shall require that such agreement, con sent or approval be specific and in writing, whether by wri tten agreement, letter, approved minutes or otherwi se ( but excluding e - mail and instant messaging ) ; ( j ) refere nces to any specific law, rule or regulation, or ar ticle, Section or other division thereof, shall be deemed to inclu de the then - current amendments thereto or any repla cement or successor law, rule or regulation thereof ; and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term ; and ( l ) the reference to shall mean a calendar day u nless is specified