definiens: as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that ACORDA and RUSH shall retain and may fully exercise all of their respective rights, remedies and elections under the Bankruptcy Code . The Parties ' further agree that, in the event of the commencement of a bankruptcy or reorganization case by or against a Party under the Bankruptcy Code, the other Party shall be entitled to all applicable rights under Section 365 ( including 365(n » of the Bankruptcy Code . Upon rejection of this Agreement by a Party or a trustee in bankruptcy for such Party, pursuant to Section 365(n ), the other Party may elect ( i ) to treat this Agreement as terminated by such rejection or ( ii ) to retain its rights ( including any right to enforce any exclusivity provision of this Agreement ) to intellectual property ( including any embodiment of such intellectual property ) under this Agreement and under any agreement supplementary to this Agreement for the duration of this Agreement and any period for which this Agreement could have been extended by such other · Party, subject, however, to the continued payment of all amounts owing under Section 5.3 of this Agreement, all of which amounts shall be deemed to be . royalties for purposes of Section 365(n ) of the Bankruptcy Code . Upon written request to the trustee in bankruptcy or bankrupt Party, the trustee or Party, as applicable, shall ( i ) provide to the other Party any intellectual property ( including such embodiment ) held by the trustee or the bankrupt Party and shall provide to the other Party a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments of such intellectual property and ( ii ) not interfere with the rights of the other Party to such intellectual property as provided in this Agreement or any agreement supplementary to this Agreement, including any right to obtain such intellectual property ( or such embodiment or duplicates thereof ) from a Third Party