definiens: shall be deemed to be followed by the phrase, ( c)the word shall be construed to have the s ame meaning and effect as the word, ( d)any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrumen t or other document as from time 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 Party or Third Party or person shall be construed to include the Party ’s or Third Party ’s or person ’s permitted succ essors and assigns, ( f)any reference herein to a number of shall be construed to refer to calendar days, ( g)the words, and, an d words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( h)all references herein to Articles, Sections or A ppendices shall be construed to refer to Articles, Sections or Appendices of this Agreement, and refer ences to this Agreement include all Appendices here to, - 89 - ( i)references to any specific law, rule or regulati on, or article, section or other division thereof, shall be deemed to include the then - current amendme nts thereto or any replacement or successor law, ru le or regulation thereof, ( j)the term shall be interpreted in the inclus i ve sense commonly associated with the term, and ( k)references to a decision that must be agreed by the Parties, such agreement must be evidenced in writing between the Parties, irrespective of whe ther the applicable provisions provides for such ag reement to be in writing throughout this Agreement