definiens: or shall in all cases herein mean or respectively . Reference to any Person includes such Person ’s successors and assigns to the extent such successors and assigns are permitted by the terms o f any applicable agreement, and reference to a Pers on in a particular capacity excludes such Person in an y other capacity or individually . Reference to any agreement ( including this Agreement ), document or i nstrument means such agreement, document or instrument as amended or modified and in effect fro m time to time in accordance with the terms thereof and, if applicable, the terms hereof . Underscored r eferences to Articles, Sections, clauses, Exhibits or Schedules shall refer to those portions of this Agr eement . The use of the terms and words of similar import shall refer to this Agreement as a whole and not to any particula r Article, Section or clause of, or Exhibit or Disclo sure Schedule to, this Agreement