definiens: as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that eachParty shall retain and may fully exercise all of their respective rights, remedies and elections under theBankruptcy Code . The Parties further agree that, in the event of the commencement of a bankruptcy orreorganization case by or against a Party under the Bankruptcy Code, the other Party shall be entitled to allapplicable rights under Section 365 ( including 365(n ) ) of the Bankruptcy Code . Upon rejection of thisAgreement by a Party or a trustee in bankruptcy for such Party, pursuant to Section 365(n ), the other Partymay elect ( i ) to treat this Agreement as terminated by such rejection or ( ii ) to retain its rights ( including anyright to enforce any exclusivity provision of this Agreement ) to intellectual property ( including any embodimentof such intellectual property ) under this Agreement and under any agreement supplementary to this Agreementfor the duration of this Agreement and any period for which this Agreement could have been - 32 -extended by such other Party . Upon written request to the trustee in bankruptcy or bankrupt Party, the trusteeor 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 ( orcomplete access to, as appropriate ) any such intellectual property and all embodiments of such intellectualproperty and ( ii ) not interfere with the rights of the other Party to such intellectual property as provided in thisAgreement or any agreement supplementary to this Agreement, including any right to obtain such intellectualproperty ( or such embodiment or duplicates thereof ) from a Third Party