definiens: shall be construed as incorporating, also, or ( b ) the word or means a calendar day or year unless otherwise specified ; ( c ) the word shall mean notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvals and other written communications contemplated under this Agreement ; ( d ) the words and derivative or similar words refer to this Agreement as a whole and not merely to the particular provision in which such words appear ; ( e ) the words and have interchangeable meanings for purposes o f this Agreement ; ( f ) provisions that require that a Party, the Parties or a committee hereunder or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreement, le tter, approved minutes or otherwise ; ( g ) words of any gender include the other gender ; ( h ) words using the singular or plural number also include the plural or singular number, respectively ; ( i ) references to any specific law, rule or regulation, or articl e, section or other division thereof, shall be deemed to include the then -current amendments thereto or any replacement law, rule or regulation thereof ; ( j ) the phrase is not intended to limit either Party ’s rights to pursue or obtain dama ges arising from a breach of this Agreement ; and ( k ) neither Party shall be deemed to be acting on behalf of the other Party