definiens: as defined in Section 101(35A ) of Title 11 of the United States Code . In the event that a case under Title 11 is commenced by or against either Party ( the ), the other Party may elect to retain and may fully exercise all of its rights and elections under Section 365(n ) of Title 11 of the United States Code . During the Term, each Party shall create and maintain current copies to the extent practicable of all such intellectual property . Without limiting the Parties ’ rights under Section 365(n ) of Title 11, if a case under Title 11 is commenced by or against the Bankrupt Party, the other Party shall be entitled to a copy of any and all such intellectual property and all embodiments of such intellectual property, and the same, if not in the possession of such other Party, shall be promptly delivered to it ( i ) before this Agreement is rejected by or on behalf of the Bankrupt Party, within [ * * * ] after the other Party ’s written request, unless the Bankrupt Party, or its trustee or receiver, e lects within [ * * * ] to continue to perform all of its obligations under this Agreement, or ( ii ) after any rejection of this Agreement by or on behalf of the Bankrupt Party, if not previously delivered as provided under clause ( i ) above . All rights of the Parties under this Section 12.3 and under Section 365(n ) of Title 11 are in addition to and not in substitution of any and all other rights, powers, and remedies that each party may have under this Agreement, Title 11, and any other Applicable Laws