definiens: and mean and respectively . The words and are not exclusive . Whenever the context of thisAgreement permits, the masculine, feminine or neuter gender, and the singular or plural number, are each deemed toinclude the others . means calendar days unless otherwise specified . Unless expressly specified otherwise, allpayments to be made in accordance with or under this Agreement shall be made in U.S. Dollars ( USD$ ) . Referencesin this Agreement to particular sections of a Law shall be deemed to refer to such sections or provisions as they maybe amended after the date of this Agreement . All references to a refer to an action or omission that thebreaching party takes or omits to take with the intent of breaching this Agreement . The Parties have -7 - participated jointly in the negotiation and drafting of this Agreement and in the event an ambiguity or question of intentor interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption orburden of proof shall arise favoring or disfavoring any Party ( or any Affiliate thereof ) by virtue of the authorship of anyof the provisions of this Agreement