definiens: shall be construed in the imperative having the same meaning as the word ( c ) the word or means a calendar day or year ; ( d ) the word requires notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvals and other written communications contemplated under this Agreement ; ( e ) the words and derivative or similar words refer to this Agreement ( including any Exhibits ) ; ( f ) the word shall be construed as the inclusive meaning identified with the phrase ; ( g ) provisions that require that a Party, the Parties or the J DC or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved minutes or otherwise ; ( h ) words of any gender include the other gender ; ( i ) words using the singular or plural number also include the plural or singular number, respectively ; ( 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 t hereto or any replacement law, rule or regulation thereof ; ( k ) neither Party or its Affiliates shall be deemed to be acting or the other Party hereunder ; and ( l ) the phrase shall in no way limit either P arty ’s right to pursue or receive damages in connection with any breach of this Agreement