definiens: shall be deemed to be followed by the phrase, ( c ) the word shall be construed to have the same meaning and effect as the wo rd, ( d ) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified ( subject to any restrictions on such amendments, supplements or modifications set forth herein ), ( e ) any reference herein to any person shall be construed to include the person ’s successors and assigns, ( f ) the words, and, and words of s imilar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ( g ) all references herein to Articles, Sections, Schedules, or Exhibits shall be construed to refer to Articles, Sections, Schedules or Exhibits of this Agreement, and references to this Agreement include all Schedules and Exhibits hereto, ( h ) the word means notice in writing ( whether or not specifically stated ) and shall include notices, consents, approvals and other written com munications contemplated under this Agreement, ( i ) provisions that require that a Party or the Parties, or or the like shall require that such agreement, consent or approval be specific and in writing, whether by written agreeme nt, letter, approved minutes or otherwise ( but excluding e -mail and instant messaging ), ( j ) references to any specific law, rule or regulation, or Section, section or other division thereof, shall be deemed to include the then -current amendments thereto or any replacement or successor law, rule or regulation thereof, and ( k ) the term shall be interpreted in the inclusive sense commonly associated with the term 15.16 Counterparts