definiens: as defined therein . Each Party as a licensee hereunder shall have the rights and elections as specified in Title 11 . Any agreements supplemental hereto shall be deemed to be this Agreement for purposes of Section 365(n ) of Title 11 . The Parties agree that, in the event of the commencement of a bankruptcy proceeding by or against either Party under Title 11, the Party hereto that is not a party to such proceeding shall be entitled to a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, shall be promptly delivered to them ( i ) upon any such commencement of a bankruptcy proceeding upon its written request therefor, unless the Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or ( ii ) if not delivered under ( i ) above, following the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon written request therefor by the non - subject Party