definiens: ( and, for clarity, where words such as f ollow in this Agreement no alternative or additional meaning is intended ), ( c ) the word shall be construed to have the same meaning and effect as the word, ( d ) any definition of or reference to any agreement, instrument or other document herein shal l be construed as referring to such agreement, instrument or other document as from tim e to time amended, supplemented or otherwise modified ( subject to any restrictions on such amendments, supplements or modifications set forth herein ), ( e ) any reference herein to any Person shall be construed to include the Person ’s successors and permitted assig ns, ( f ) the words, and, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( g ) all references herein to Sections or Schedules shall be construed to refer to Sections o r Schedules of this Agreement, and references to this Agreement include all Schedules hereto, ( h ) the word means notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvals and other written communications contemplated under this Agreement, ( i ) the term shall be interpreted in the inclusive sense commonly asso ciated with the term, ( j ) the phrase shall 36 not forestall a Party ’s right to claim or receive d amages in connection with a breach of this Agreement ( including damages that are equal to or l ess than any payment described as ), and ( k ) the phrase s or or the like shall be understood to mea n that the object of such phrase may be the entirety of something or may be a portion of a grea ter whole