definiens: and shall mean respectively includes and including without limitation ; ( b)a Party includes its permitted assignees and/or their respective permitted successors in title to substantiallythe whole of its undertaking ; ( c)a statute or statutory instrument or any of their provisions is to be construed as a reference to that statute orstatutory instrument or such provision as the same may have been or may from time to time hereafter beamended or re - enacted ; ( d)words denoting the singular shall include the plural and vice versa and words denoting any gender shallinclude all genders ; ( e)the Exhibits and other attachments form part of the operative provision of this Agreement and references tothis Agreement shall, unless the context otherwise requires, include references to the Exhibits andattachments ; ( f)the headings in this Agreement are for information only and shall not be considered in the interpretation ofthis Agreement ; ( g)general words shall not be given a restrictive interpretation by reason of their being preceded or followed bywords indicating a particular class of acts, matters or things ; and 5[*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT . EACHSUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [ * * * ], HAS BEENFILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION . ] ( h)the Parties agree that the terms and conditions of this Agreement are the result of negotiations between theParties and that this Agreement shall not be construed in favor of or against any Party by reason of the extentto which any Party participated in the preparation of this Agreement