definiens: ,, and are not limiting an d mean include, includes, and including, without limitatio n ; ( b ) definitions contained in this Agreement are applicable to the singular as well as the plural forms of such te rms ; ( c ) references to an agreement, statute, regul ation, or instrument mean such agreement, statute, regulation, or instrument as from time to time amended, modif ied, or supplemented ; ( d ) references to a Person are also t o its successors and permitted assigns ; ( e ) referen ces to an,,, or refe r to an Article or Section of, or any Exhibit or Sc hedule to, this Agreement unless otherwise indicated ; ( f ) the word shall be construed to have the same meaning and effect as the word ; ( g ) the use of any gender shal l be applicable to all genders ; and ( i ) the words and, and words of similar import, shall be construed to refer to this Agreement as an entirety and not to any particular provision . The captions of this Agre ement are for convenience of reference only and in no way define, describe, extend, or limit the scope or int ent of this Agreement or the intent of any provisio n contained in this Agreement . Any reference in this Agreement to a matter or action being subject to the or of the Parties, or words of s imilar import, shall not be construed as an agreeme nt that the Parties shall agree to such matter or action . The l anguage of this Agreement shall be deemed to be the language mutually chosen by the Parties and no rule of stric t construction shall be applied against either Part y on the basis that such Party drafted this Agreement or any porti on hereof