definiens: ) . licenses of rights to as defined in Title 11 . Each Party agrees that the other Party, as licensee of such rights under this Agreement shall retain and may fully exercise all of its rights and elections under Title 11 . Each Party further agrees and acknowledges that the upfront payment and Development Payments, and all other payment by VOX to Oenetronics hereunder, other than royalty payments pursuant to Section 6.3.1 ( and subject to reduction pursuant to Section 6.3.3 ) do not constitute royalties within the meaning of Section 365(n ) of Title 11 or relate to licenses of intellectual property hereunder . Each Party agrees during the tenn of this Agreement to create and maintain current copies or, ifnot amenable to copying, detailed description s or other appropriate embodiments, to the extent feasible, of all such intellectual property . If a case is commenced by or against a Party under Title II ( the ), such Party ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including, without limitation, a Title 11 Trustee ) shall, request : ( i ) as the other Party may elect in a written request, immediately upon such ( a ) perfonn all of the obligations provided in this Agreement to be performed by the Title II Party including, where applicable and without limitation, providing to the other Party portions of such intellectual property ( including embodiments thereof ) held by the Title 11 Party and such successors and assigns or otherwise available to them ; or ( b ) provide to the other Party all such intellectual property ( including all embodiments thereof ) held by the Title II Party and such successors and assigns or otherwise available to them ; and ( ii ) not interfere with the rights of the other Party under this Agreement, or any agreement supplemental hereto, to such intellectual property ( including such embodime nts ), including any right to obtain such intellectual property ( or such embodiments ) from another entity