definiens: will be construed to have the same meaning and effect as th e word ( c ) any definition of or reference to any agreement, instrument or other document herein will be construed as referring to such agreement, instr ument or other document as from time to time amended, supple mented or otherwise modified ( subject to any restri ctions on such amendments, supplements or modifications set f orth herein ), ( d ) any reference herein to any Perso n will be construed to include the Person ’s successors and as signs, ( e ) the word will mean notice in wr iting ( whether or not specifically stated ) and will inclu de notices, consents, approvals and other written c ommunications contemplated under this Agreement, ( f ) provisions t hat require that a Party, the Parties or any commit tee hereunder or or the like will re quire that such agreement, consent or approval be s pecific and in writing, whether by written agreement, letter, a pproved minutes or otherwise ( but excluding e - mail and instant messaging ), ( g ) references to any specific Law, rul e or regulation, or article, section or other divis ion thereof, will be deemed to include the then - current amendments th ereto or any replacement or successor Law, rule or regulation thereof and ( h ) the term will be interpreted i n the inclusive sense commonly associated with the term, ( i ) words of any gender include each other gender, ( j ) words such as, and refer to this Agreement as a whole and not merely to the par ticular provision in which such words appear, ( k ) w ords using the singular will include the plural, and vice vers a, ( l ) the words and will be deemed to be followed by the phrase,, or words of similar import and ( m ) unless is specified, will mean 46 [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED BECAUSE THE INFORMATI ON ( I ) IS NOT MATERIAL AND ( II ) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED