definiens: shall be construed to have the same meaning and effect as the word ; ( d ) anydefinition of or reference to any agreement, instrument or other document herein shall beconstrued as referring to such agreement, instrument or other document as from time to timeamended, supplemented or otherwise modified ; ( e ) any reference in this Agreement to anyPerson shall be construed to include the Person ’s successors and assigns ; ( f ) the words, and, and words of similar import, shall be construed to refer tothis Agreement, and not to any particular provision of this Agreement ; ( g ) all references hereinto Sections, Exhibits or Schedules shall be construed to refer to Sections, Exhibits orSchedules of this Agreement ; ( h ) the word means notice in writing ( whether or notspecifically stated ) ; ( i ) provisions that require that a Party, the Parties or or the like shall require that such agreement, consent or approval be specific and inwriting, whether by written agreement, letter, approved minutes or otherwise ( but excluding e - mail and instant messaging ) ; ( j ) references to any specific law, rule or regulation, or article, section or other division thereof, shall be deemed to include the then - current amendmentsthereto 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 ( Signature page follows ) 15 IN WITNESS WHEREOF, the Parties to the Agreement by their duly authorizedrepresentatives have executed this Agreement as of the date first written above