definiens: has the inclusive meaning represented by the phrase ; ( b ), and are not limiting ; ( c ),,, and and words of similar import refer to this Agreement as awhole and not to any particular provision of this Agreement ; ( d ) refers to the Effective Date ; ( e ) references to an agreement, instrument, law, rule orregulation, or article, section or other division thereof mean such agreement, instrument, law, rule or regulation, or article, section or other division thereof as from timeto time amended, 45modified or supplemented ; ( f ) references to an entity are also to its permitted successors and assigns ; ( g ) words importing the masculine gender include the feminineor neuter and, in each case, vice versa ; ( h ) all definitions set forth herein will be deemed applicable whether the words defined are used herein with initial capital lettersin the singular or the plural ; ( i ) provisions that require that a Party, the Parties hereunder or the like will require that suchagreement, consent, approval or selection be specific and in writing, whether by written agreement, letter, approved minutes or otherwise ( but excluding e - mail andinstant messaging ) and, with respect to any agreement, consent, approval or selection by the Company that is material to the Company ’s rights hereunder or theperformance of activities under the Program, will require that such agreement, consent, approval or selection have been approved by the Board of Directors of theCompany or any committee thereof ; and ( j ) unless is specified, will mean Remainder of page intentionally omittedSignatures continued on the following page 46IN WITNESS WHEREOF, the Parties have executed this Agreement in triplicate as of the Effective Date