definiens: whether or not expressly stated, ( c ) the word will be construed to have the same meaning a nd effect as the word ( d ) any definition of or reference to any agreement, instrument or other doc ument herein will be construed as referring to such agreement, instrument or other document as from tim e to time amende d, supplemented or otherwise modified ( subject to any restrictions on such amend ments, supplements or modifications set forth herei n ), ( e ) any reference herein to any person will be construe d to include the person ’s successors and assigns, ( f ) the words and and words of simi lar import, will be construed to refer to this Agreement in its entirety and not to any pa rticular provision hereof, ( g ) all references herein to Sections, Schedules or Exhibits will be construed t o refer to Sections, Schedules or Exhibits of this Agreement, and references to this Agreement include all Schedules and Exhibits hereto, ( h ) the word will mean notice in writing ( whether or no t specifically stated ) and will include notices, co nsents, approvals and other written communications contempl ated under this Agreement, ( i ) provisions that require that a Party, the Parties or any committee hereunder or or the li ke will require that such agreement, consent or approv al be specific and in writing, whether by written agreement, letter, e- mail ( solely with return receipt ), approved minutes or otherwise ( but excluding ( A ) e - mail without return receipt and ( B ) text messagin g or instant messaging ), ( j ) references to any spec ific law, rule or regulation, or article, section or oth er division thereof, will be deemed to include the then - current amendments thereto or any replacement or su ccessor law, rule or regulation thereof, ( k ) any ac tion or occurrence deemed to be effective as o f a particular date will be deemed to be effective as of 11:59 PM New York City local time on such date, unless an earlier time is specified, and ( l ) the term will be interpreted in the inclusive sense commonly asso ciated with the term 13.7 Amendment