definiens: shall be construed in the imperative havingthe same meaning as the word ; ( iii ) the word or means a calendar day or year;(iv ) the word requires notice in writing ( whether or not specifically stated ) and shallinclude notices, consents, approvals and other written communications contemplated under thisAgreement ; ( v ) the words and derivative or similar words refer to thisAgreement ( including any Exhibits ) ; ( vi ) the word shall be construed as the inclusivemeaning identified with the phrase ; ( vii ) provisions that require that a Party or the Parties or or the like shall require that such agreement, consent or approvalbe specific and in writing, whether by written agreement, letter, approved minutes or otherwise;(viii ) words of any gender include the other gender ; ( ix ) words using the singular or plural numberalso include the plural or singular number, respectively ; ( x ) references to any specific law, rule orregulation, or article, section or other division thereof, shall be deemed to include the then - currentamendments thereto or any replacement law, rule or regulation thereof ; ( xi ) the words or shall be construed as the actual knowledge of Seller ; and(xii ) neither Party nor its Affiliates shall be deemed to be acting or the other Party hereunder