definiens: will be deemed to be followed by th e phrase, ( c ) the wo rd will be construed to have the same meaning a nd effect as the word ( d ) any definition of or reference to any agreement, instru ment or other document herein will be construed as referring to such agreement, instrumen t or other document as from time to time amended, supplemented or otherwise modified ( subjec t to any restrictions on such amendments, supplements or modifications set forth herein ), ( e ) any reference herein to any Person will be construed to include the Person ’s successors and p ermitted assigns, ( f ) the words, and and words of similar impo rt, will be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( g ) all references herein to Sections, Exhibits or Sch edules will be construed to refer to Sections, Exhi bits or Schedules of this Agreement, and references to this Agreement in clude all Exhibits and Schedules hereto, ( h ) the word means notice in writing ( whether or not specifically stated ) and will include notices, consents, approvals and other written comm unications contemplated under this Agreement, ( i ) provisions that require that a Party, the Parties or any committee hereunder or or the like will re quire that such agr eement, consent or approval be specific and in writing, whether by written agre ement, 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 t hereof, will be deemed to include the then- current amendments thereto or any replacement or successor law, rule or regulation thereof and ( k ) the term will be interpreted in the inclusive sens e commonly associated with the term 9.12 . Cumulative Remedies