definiens: shall be construed to havethe same meaning and effect as the word, ( d ) any definition of or reference to any agreement, instrument or otherdocument herein shall be construed as referring to such agreement, instrument or other document as from time to timeamended, supplemented or otherwise modified ( subject to any restrictions on such amendments, supplements or modificationsset forth herein ), ( e ) any reference herein to any Person shall be construed to include the Person ’s successors and assigns, ( f ) thewords, and, and words of similar import, shall be construed to refer to this Agreement in itsentirety and not to any particular provision hereof, ( g ) all references herein to Sections, Exhibits or Schedules shall beconstrued to refer to Sections, Exhibits or Schedules of this Agreement, and references to this Agreement include all Exhibitsand Schedules hereto, ( h ) the word means notice in writing ( whether or not specifically stated ) and shall includenotices, consents, approvals and other written communications contemplated under this Agreement, ( i ) provisions that requirethat a Party, the Parties or any committee hereunder or or the like shall require that suchagreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise(but excluding e - mail and instant messaging ), ( j ) references to any specific law, rule or regulation, or article, section or otherdivision thereof, shall be deemed to include the then - current amendments thereto or any replacement or successor law, rule orregulation thereof, and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term14.10 No Implied Waivers ; Rights Cumulative