definiens: or ( b ) the word or means a c alendar day or year unless otherwise specified ; ( c ) the word shall mean notice in writing ( whether or n ot specifically stated ) and shall include notices, consents, approvals and other written communications contempl ated under this Agreement ; ( d ) the words and derivative or similar words refer to this Agreement ( including any Exhibits ) ; ( e ) the word shall be construed as the inclusive meaning i d entified with the phrase ( f ) provisions t hat require that a Party or the Parties hereunder or or the like shall require that s uch agreement, consent or approval be specific and in w riting, whether by written agreement, letter or oth erwise ; ( g ) words of any gender include the other gender ; ( h ) words using the singular or plural number also i nclude the plural or singular number, respectively ; and ( i ) th e word ( or ) when used herein means any applicable, legally binding statute, ordinance, res olution, regulation, code, guideline, rule, order, decree, judgment, injunction, mandate or other legally bind ing requirement of a government entity, together wi th any then - current modification, amendment and re - enactme nt thereof, and any legislative provision substitut ed therefor . The Parties and their respective counsel have had an opportunity to fully negotiate this Agr eement . If any ambiguity or question of intent or interpretati on arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of pro of shall arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Agreement . No prior draft of this Agreement shall be used in t he interpretation or construction of this Agreement