Common use of Interpretation; Exhibits and Schedules Clause in Contracts

Interpretation; Exhibits and Schedules. The headings contained in this Agreement, in any Exhibit or Schedule hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any matter set forth in any provision, subprovision, section or subsection of any Schedule shall, unless the context otherwise manifestly requires, be deemed set forth for all purposes of the Schedules. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Schedule or Exhibit but not otherwise defined therein, shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The inclusion of any information (including sterling amounts) in any Schedule shall not be deemed to be an admission or acknowledgement by the Seller that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiaries, as applicable. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained in this Agreement, the Schedules and Exhibits is disclosed solely for purposes of this Agreement, and no information contained herein or therein shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Schedules and Exhibits hereto or in any materials that have been provided to Purchaser by the Seller are not and shall not be deemed to be representations or warranties of the Company or the Seller. The words “include,” “includes” and “including” are deemed to be followed by the phrase “without limitation.” Any reference to the masculine, feminine or neuter gender shall include such other genders and any reference to the singular or plural shall include the other, in each case unless the context otherwise requires. Words and phrases the definitions of which are contained or referred to in Part XXVI Companies Act 1985 shall be construed as having the meanings thereby attributed to them. Each of the parties acknowledge that it has been represented by legal counsel in connection with the preparation and execution of this Agreement. Unless the right of enforcement is expressly provided, it is not intended that a third party should have the right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Axx 0000, but this does not affect any rights which are available apart from that Act. The parties may, by agreement, rescind or vary this Agreement without the consent of a third party to whom the right of enforcement of any of its terms has been expressly provided.

Interpretation; Exhibits and Schedules. The headings contained in this Agreement, in any Exhibit or Schedule hereto and in the table of contents to this Agreement Agreement, are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any matter set forth in any provision, subprovision, section or subsection of any Schedule shall, unless Except when the context otherwise manifestly requires, be deemed set forth for all purposes references to Sections, Articles, Exhibits or Schedules refer to Sections, Articles, Exhibits or Schedules of the Schedulesthis Agreement. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms term used in any Schedule or Exhibit Exhibit, but not otherwise defined therein, shall have the meaning as defined ascribed to such term in this Agreement. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The inclusion of any information (including sterling amounts) in any Schedule shall not be deemed to be an admission or acknowledgement by the Seller that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiaries, as applicable. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained Whenever used in this Agreement, a singular number shall include the Schedules plural and Exhibits is disclosed solely for purposes a plural the singular. Pronouns of this Agreement, and no information contained herein or therein one gender shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Schedules and Exhibits hereto or in any materials that have been provided to Purchaser by the Seller are not and shall not be deemed to be representations or warranties of the Company or the Sellerinclude all genders. The words “includehereof,” “includesherein,” “hereby” and terms of similar import shall refer to this entire Agreement. Unless the context clearly requires otherwise, the use of the terms “including,” are “included,” “such as,” or terms of similar meaning, shall not be construed to imply the exclusion of any other particular elements and shall be deemed to be followed by the phrase words “without limitation.” Any reference The word “extent” in the phrase “to the masculineextent” shall mean the degree to which a subject or other theory extends, feminine and such phrase shall not mean “if.” References to any statute shall be deemed to refer to such statute as amended from time to time and to any rules or neuter gender regulations promulgated thereunder; provided, that for purposes of any representations and warranties contained in this Agreement that are made as of a specific date or dates, references to any statute shall include be deemed to refer to such other genders statute, as amended, and to any reference to the singular rules or plural shall include the otherregulations promulgated thereunder, in each case case, as of such date. References to “days” shall refer to calendar days unless the context otherwise requiresBusiness Days are specified. Words and phrases the definitions of If any period expires on a day which are contained or referred to in Part XXVI Companies Act 1985 shall be construed as having the meanings thereby attributed to them. Each of the parties acknowledge that it has been represented by legal counsel in connection with the preparation and execution of this Agreement. Unless the right of enforcement is expressly provided, it is not intended that a third party should have Business Day or any event or condition is required by the right to enforce any term terms of this Agreement pursuant to occur or be fulfilled on a day which is not a Business Day, such period shall expire or such event or condition shall occur or be fulfilled, as the Contracts (Rights case may be, on the next succeeding Business Day. Any action required to be taken “within” a specified time period following the occurrence of Third Parties) Axx 0000an event shall be required to be taken by no later than 5:00 p.m. Eastern time on the last day of such time period, but this does not affect any rights which are available apart from that Act. The parties may, by agreement, rescind or vary this Agreement without shall be calculated starting with the consent day immediately following the date of a third party to whom the right of enforcement of any of its terms has been expressly providedevent.

Interpretation; Exhibits and Schedules. The headings contained in this Agreement, in any Exhibit exhibit, annex or Schedule hereto and in the table of contents to this Agreement Agreement, are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any matter set forth in any provision, subprovision, section or subsection of any Schedule shall, unless Except when the context otherwise manifestly requires, be deemed set forth for all purposes references to Sections, Articles, Exhibits, Annexes or Schedules refer to Sections, Articles, Exhibits, Annexes or Schedules of the Schedulesthis Agreement. All Exhibits Exhibits, Annexes and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms term used in any Schedule Schedule, Annex or Exhibit Exhibit, but not otherwise defined therein, shall have the meaning as defined ascribed to such term in this Agreement. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The inclusion of any information (including sterling amounts) in any Schedule shall not be deemed to be an admission or acknowledgement by the Seller that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiaries, as applicable. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained Whenever used in this Agreement, a singular number shall include the Schedules plural and Exhibits is disclosed solely for purposes a plural the singular. Pronouns of this Agreement, and no information contained herein or therein one gender shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Schedules and Exhibits hereto or in any materials that have been provided to Purchaser by the Seller are not and shall not be deemed to be representations or warranties of the Company or the Sellerinclude all genders. The words “includehereof,”“herein,” and terms of similar import shall refer to this entire Agreement. Unless the context clearly requires otherwise, the use of the terms “including,”“included,” “includessuch as,” or terms of similar meaning, shall not be construed to imply the exclusion of any other particular elements and “including” are shall be deemed to be followed by the phrase words “without limitation.” Any reference Whenever this Agreement refers to the masculinea number of days, feminine such number shall refer to calendar days unless Business Days are specified. Whenever any action must be taken hereunder on or neuter gender shall include such other genders and any reference to the singular or plural shall include the other, in each case unless the context otherwise requires. Words and phrases the definitions of which are contained or referred to in Part XXVI Companies Act 1985 shall be construed as having the meanings thereby attributed to them. Each of the parties acknowledge by a day that it has been represented by legal counsel in connection with the preparation and execution of this Agreement. Unless the right of enforcement is expressly provided, it is not intended a Business Day, then such action may be validly taken on or by the next day that is a third party should have the right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Axx 0000, but this does not affect any rights which are available apart from that Act. The parties may, by agreement, rescind or vary this Agreement without the consent of a third party to whom the right of enforcement of any of its terms has been expressly providedBusiness Day.

Interpretation; Exhibits and Schedules. The headings contained in this Agreement, in any Exhibit or Schedule hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any matter set forth in any provision, subprovision, section or subsection of on any Schedule shall, unless the context otherwise manifestly requires, shall be deemed set forth for on all purposes of other Schedules to the Schedules. All Exhibits and Schedules annexed hereto or referred extent that such matter is, on its face, responsive to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Schedule or Exhibit but not otherwise defined therein, shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to a Section, Exhibit or such other Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The inclusion of any information (including sterling amounts) in any Schedule shall not be deemed to be an admission or acknowledgement acknowledgment by Holding, the Seller Corporation or the Sellers that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiariesany Corporation Entity, as applicable. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained in this Agreement, the Schedules and Exhibits is disclosed solely for purposes of this Agreement, and no information contained herein or therein shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Annexes, Schedules and Exhibits hereto or in any materials that have been provided to Purchaser Buyer by Holding, the Seller Corporation or the Sellers are not and shall not be deemed to be representations or warranties of Holding, the Company Corporation or the SellerSellers. The words “includeEXCEPT WHEN THE CONTEXT REQUIRES OTHERWISE, ANY REFERENCE IN THIS AGREEMENT TO ANY ARTICLE, SECTION, CLAUSE, ANNEX, SCHEDULE OR EXHIBIT SHALL BE TO THE ARTICLES, SECTIONS AND CLAUSES OF, AND ANNEXES, SCHEDULES AND EXHIBITS TO, THIS AGREEMENT. THE WORDS "INCLUDE,” “includes” " "INCLUDES" AND "INCLUDING" ARE DEEMED TO BE FOLLOWED BY THE PHRASE "WITHOUT LIMITATION." ANY REFERENCE TO THE MASCULINE, FEMININE OR NEUTER GENDER SHALL INCLUDE SUCH OTHER GENDERS AND ANY REFERENCE TO THE SINGULAR OR PLURAL SHALL INCLUDE THE OTHER, IN EACH CASE UNLESS THE CONTEXT OTHERWISE REQUIRES. All Annexes, Schedules and “including” Exhibits are deemed to be followed by the phrase “without limitation.” Any reference to the masculine, feminine or neuter gender shall include such other genders hereby incorporated in and any reference to the singular or plural shall include the other, in each case unless the context otherwise requires. Words and phrases the definitions of which are contained or referred to in Part XXVI Companies Act 1985 shall be construed as having the meanings thereby attributed to them. Each of the parties acknowledge that it has been represented by legal counsel in connection with the preparation and execution of this Agreement. Unless the right of enforcement is expressly provided, it is not intended that made a third party should have the right to enforce any term part of this Agreement pursuant as if set forth in full herein. When a reference is made in this Agreement to the Contracts (Rights of Third Parties) Axx 0000an Article, but Section, clause, Annex, Schedule or Exhibit, such reference shall be to an Article, Section or clause of, or Annex, Schedule or Exhibit to, this does not affect any rights which are available apart from that ActAgreement unless otherwise indicated. The parties may, by agreement, rescind or vary use in this Agreement without of the consent word "or" shall not be exclusive. Wherever used in this Agreement, "knowledge" of a third party to whom Holding or the right Corporation shall mean the actual knowledge, after due inquiry, of enforcement of any of its terms has been expressly providedXxx Boots, Xxxxx Xxxxxx, Xxxx Xxxxxxxx, Xxxxx Xxxx, Xxx Xxxxxxxxxx, Xxxxx Xxxxxx, Xxxx Xxxxxxx, Xxxx Xxxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxx Xxxxx and Xxxx Xxxxx.

Interpretation; Exhibits and Schedules. The headings contained in this Agreement, in any Exhibit or Schedule hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any matter set forth in any provision, subprovision, section or subsection of any Schedule shall, unless the context otherwise manifestly requires, be deemed set forth for all purposes of the Schedules. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Schedule or Exhibit but not otherwise defined therein, shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The inclusion of any information (including sterling dollar amounts) in any Schedule shall not be deemed to be an admission or acknowledgement by the Company or the Seller that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiaries, as applicable. In the event a subject matter is addressed in more than one representation and warranty, Purchaser shall be entitled to rely only on the most specific representation and warranty addressing such matter. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained in this Agreement, the Schedules and Exhibits is disclosed solely for purposes of this Agreement, and no information contained herein or therein shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Schedules and Exhibits hereto or in any materials that have been provided to Purchaser by the Company or the Seller are not and shall not be deemed to be representations or warranties of the Company or the Seller. The words “include,” “includes” and “including” are deemed to be followed by the phrase “without limitation.” Any reference to the masculine, feminine or neuter gender shall include such other genders and any reference to the singular or plural shall include the other, in each case unless the context otherwise requires. Words and phrases the definitions The provisions of which are contained or referred to in Part XXVI Companies Act 1985 this Agreement shall be construed as having the meanings thereby attributed according to themtheir fair meaning and neither for nor against any party hereto irrespective of which party caused such provisions to be drafted. Each of the parties acknowledge that it has been represented by legal counsel in connection with the preparation and execution of this Agreement. Unless the right of enforcement is expressly provided, it is not intended that a third party should have the right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Axx 0000, but this does not affect any rights which are available apart from that Act. The parties may, by agreement, rescind or vary this Agreement without the consent of a third party to whom the right of enforcement of any of its terms has been expressly provided.

Interpretation; Exhibits and Schedules. The headings contained following provisions shall be applied wherever appropriate herein: (i) “herein,” “hereby,” “hereunder,” “hereof” and other equivalent words shall refer to this Agreement as an entirety and not solely to the particular portion of this Agreement in which any such word is used; (ii) all definitions set forth herein shall be deemed applicable whether the words defined are used herein in the singular or the plural; (iii) wherever used herein, any pronoun or pronouns shall be deemed to include both the singular and plural and to cover all genders; (iv) all accounting terms not specifically defined herein shall be construed in accordance with GAAP; (v) this Agreement shall be deemed to have been drafted by the Parties and this Agreement shall not be construed against any Party as the principal draftsperson hereof; (vi) any references herein to a particular Section, Article, Exhibit or disclosure letter means a Section or Article of, or an Exhibit or disclosure letter to, this Agreement unless another agreement is specified; (vii) all references or citations in this Agreement to statutes or regulations or statutory or regulatory provisions shall, when the context requires, be considered citations to such statutes, regulations or provisions as in effect until and including the Closing Date, at any time (except for the EU directives that have been enacted by the relevant EU Governmental Authorities and that have not been implemented by the relevant EU Member State on or prior to the Closing), unless otherwise expressly provided; (viii) the Exhibits and disclosure letters attached hereto are incorporated herein by reference and shall be considered part of this Agreement, ; (ix) the headings in any Exhibit or Schedule hereto and in the table of contents to this Agreement are for reference purposes convenience of identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of this Agreement or any provision hereof; (x) unless otherwise expressly provided, wherever the consent of any person is required or permitted herein, such consent may be withheld in such person’s sole and absolute discretion; (xi) “including” means “including, without limitation;” and (xii) the word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if.” The disclosure of any matter or item in any disclosure letter hereto shall not affect in be deemed to constitute an acknowledgement that any way the meaning such matter is required to be disclosed or interpretation of this Agreementis otherwise material. Any matter set forth in any provision, subprovision, section or subsection of any Schedule disclosure letter hereto shall, unless the context otherwise manifestly requires, be deemed set forth for all purposes of the Schedules. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full hereindisclosure letter. Any capitalized terms used in any Schedule Exhibit or Exhibit disclosure letter to this Agreement but not otherwise defined therein, shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The inclusion of any information (including sterling amounts) in any Schedule shall not be deemed to be an admission or acknowledgement by the Seller that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiaries, as applicable. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained in this Agreement, the Schedules and Exhibits is disclosed solely for purposes of this Agreement, and no information contained herein or therein shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Schedules and Exhibits hereto or in any materials that have been provided to Purchaser by the Seller are not and shall not be deemed to be representations or warranties of the Company or the Seller. The words “include,” “includes” and “including” are deemed to be followed by the phrase “without limitation.” Any reference to the masculine, feminine or neuter gender shall include such other genders and any reference to the singular or plural shall include the other, in each case unless the context otherwise requires. Words and phrases the definitions of which are contained or referred to in Part XXVI Companies Act 1985 shall be construed as having the meanings thereby attributed to them. Each of the parties acknowledge that it has been represented by legal counsel in connection with the preparation and execution of this Agreement. Unless the right of enforcement is expressly provided, it is not intended that a third party should have the right to enforce any term of this Agreement pursuant to the Contracts (Rights of Third Parties) Axx 0000, but this does not affect any rights which are available apart from that Act. The parties may, by agreement, rescind or vary this Agreement without the consent of a third party to whom the right of enforcement of any of its terms has been expressly provided.

Interpretation; Exhibits and Schedules. When a reference is made in this Agreement to a Section, Subsection, Exhibit or Schedule (including the Schedule of Exceptions), such reference shall be to a Section or Subsection of, or an Exhibit or Schedule (including the Schedule of Exceptions) to, this Agreement unless otherwise indicated. The headings contained in this Agreement, in any Exhibit or Schedule hereto (including the Schedule of Exceptions) and in the table of contents to this Agreement Agreement, are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any matter set forth in any provision, subprovision, section or subsection of any Schedule shall, unless the context otherwise manifestly requires, be deemed set forth for all purposes of the Schedules. All Exhibits and Schedules (including the Schedule of Exceptions) annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms term used in any Schedule or Exhibit but not otherwise defined therein, shall have the meaning as defined ascribed to such term in this Agreement. When a reference is made in this Agreement to a SectionUnless the context clearly requires otherwise, Exhibit or Schedulewhenever the words “include”, “includes”, “including”, “such reference shall be to a Section ofas”, or an Exhibit or Schedule toterms of similar meaning, this Agreement unless otherwise indicated. The inclusion of any information (including sterling amounts) in any Schedule shall not be deemed to be an admission or acknowledgement by the Seller that such information is required to be listed on such Schedule or is material to or outside the ordinary course of the business of the Company or its Subsidiaries, as applicable. In addition, matters reflected in the Schedules are not necessarily limited to matters required by this Agreement to be reflected in the Schedules. Such additional matters are set forth for informational purposes only and do not necessarily include other matters of a similar nature. The information contained used in this Agreement, the Schedules and Exhibits is disclosed solely for purposes of this Agreement, and no information contained herein or therein they shall be deemed to be an admission by any party hereto to any third party of any nature whatsoever (including, without limitation, any violation of Applicable Law or breach of Contract). Any cost estimates, projections or other forward-looking statements contained or referred to in this Agreement or in the Schedules and Exhibits hereto or in any materials that have been provided to Purchaser by the Seller are not and shall not be deemed to be representations or warranties of the Company or the Seller. The words “include,” “includes” and “including” are deemed to be followed by the phrase words “without limitation.”. The words “hereof”, “herein”, “hereby” Any reference and “hereunder” and words of similar import when used in this Agreement shall refer to the masculine, feminine or neuter gender shall include such other genders this Agreement as a whole and not to any reference to the singular or plural shall include the other, in each case unless the context otherwise requires. Words and phrases the definitions of which are contained or referred to in Part XXVI Companies Act 1985 shall be construed as having the meanings thereby attributed to them. Each of the parties acknowledge that it has been represented by legal counsel in connection with the preparation and execution particular provision of this Agreement. Unless The words “date hereof” shall refer to the right date of enforcement is expressly provided, it this Agreement. The term “or” is not intended that exclusive. The word “extent” in the phrase “to the extent” means the degree to which a third party should have the right to enforce any term of subject or other thing extends, and such phrase shall not mean simply “if”. The definitions contained in this Agreement pursuant are applicable to the Contracts (Rights singular as well as the plural forms of Third Parties) Axx 0000such terms. Any agreement or instrument defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement or instrument as from time to time amended, but this does not affect any rights which modified or supplemented. References to a Person are available apart from that Actalso to its permitted successors and assigns. The parties may, by agreement, rescind or vary this Agreement without the consent Pronouns of a third party to whom the right of enforcement of any of its terms has been expressly providedone gender shall include all genders.