Other Defined Terms and References. As used in this Agreement, any reference to the masculine, feminine or neuter gender shall include all genders; unless the context requires otherwise, the plural shall be deemed to include the singular, and the singular shall be deemed to include the plural; words importing persons shall include partnerships, corporations and other entities; when reference is made in this Agreement to an Article, Section, Schedule or Exhibit, such reference shall be to an Article, Section, Schedule or Exhibit of this Agreement unless otherwise indicated; and the terms “herein,” “hereof” and “hereunder” or other similar terms, refer to this Agreement as a whole and not only to the particular sentence, subsection or section in which any such term may be employed. Whenever in this Agreement the word “including” is used, it shall be deemed to be for purposes of identifying only one or more of the possible alternatives, and the entire provision in which such word appears shall be read as if the phrase “including without limitation” were actually used in the text. The section headings herein are for convenience only and shall not affect the construction hereof. All references to dollars (or the symbol “$”) contained herein shall be deemed to refer to United States dollars. Except when used together with the word “either” or otherwise for the purpose of identifying mutually exclusive alternatives, the term “or” has the inclusive meaning represented by the phrase “and/or”. With regard to each and every term and condition of this Agreement, the Parties understand and agree that the same have or has been mutually negotiated, prepared and drafted, and that if at any time the Parties desire or are required to interpret or construe any such term or condition or any agreement or instrument subject thereto, no consideration shall be given to the issue of which Party actually prepared, drafted or requested any term or condition of this Agreement.
Other Defined Terms and References. References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires: (i) references in this Agreement to Articles, Sections, Appendices, Exhibits and Schedules shall be deemed references to Articles and Sections of, and Appendices, Exhibits and Schedules to, this Agreement; (ii) each accounting term has the meaning assigned to it in accordance with United States generally accepted accounting principles (“GAAP”), (iii) all Exhibits, Schedules, Appendices and other attachments to this Agreement are specifically incorporated into and made a part of this Agreement by any reference thereto in this Agreement, as fully as if the terms and provisions thereof had been included in this Agreement in their entirety, (iv) the words “include,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation”, (v) the terms “and/or” are to be construed to mean that both cases apply or, either the first or the second case applies, as the circumstances may require, (vi) the term “third party” means a Person that is not a party to this Agreement or an Affiliate of such a party and (vii) the words “hereof,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement.
