definiens: 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 shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified ( subject to any restrictions on su ch 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 assigns ; ( f ) the words, and, and words of similar import, shall be construed to refer to this Agreement in each of their entirety, as the context requires, and not to any particular provision hereof ; ( g ) all references herein to Sections or Schedules shall be construed to refer to Sections or 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 ) provisions that require that a Party, the Parties or any committee hereunder or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, -62- [ * * * ] INDICATES MATERIAL THAT HAS BEEN OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT HAS BEEN REQUESTED . ALL SUCH OMITTED MATERIAL HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b -2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED 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 other division thereof, shall be deemed to include the then -current amendments thereto or any replacement or successor law, rule or regulation thereof ; and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term 14.10 No Implied Waivers ; Rights Cumulative . Except as expressly provided in this Agreement, no failure on the part of Esperion or [COMPANY] to exercise, and no delay in exercising, any right, power, remedy or privilege under this Agreement, or provided by statute or at Law or in equity or otherwise, shall impair, prejudice or constitute a waiver of any such right, power, remedy or privilege or be construed as a waiver of any breach of this Agreement or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remed y or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege