definiens: as definedunder Section 101(35A ) of the Bankruptcy Code . The Parties agree that Braeburn and Titan shall retain and may fully exerciseall of their respective rights, remedies and elections under the Bankruptcy Code . The Parties further agree that, in the event ofthe commencement of a bankruptcy or reorganization case by or against a Party under the Bankruptcy Code, the other Partyshall be entitled to all applicable rights under Section 365 ( including 365(n ) ) of the Bankruptcy Code . Upon rejection of thisAgreement by Titan or a trustee in bankruptcy for Titan, pursuant to Section 365(n ) Braeburn may elect ( a ) to treat thisAgreement as terminated by such rejection or ( b ) to retain its rights ( including any right to enforce any exclusivity provisionof this Agreement, but excluding any other right under non - bankruptcy law to specific performance of this Agreement ) tointellectual property ( including any embodiment of such intellectual property to the extent protected by applicable non - bankruptcy law as such rights existed immediately before such bankruptcy case commenced ) under this Agreement and underany agreement supplementary to this Agreement for the duration of this Agreement and any period for which this Agreementcould have been extended by Braeburn as of right, subject, however, to the continued payment of * * * This portion of the agreement has been intentionally omitted and has been filed separately with the U.S. Securities andExchange Commission and confidential treatment of such portion has been requested pursuant to 5 U.S.C. § 552(b)(4);17 C.F.R. § 200.80(6)(4 )