definiens: as defined under Section 101(35 A ) of the Bankruptcy Code . The Parties agree that the Non Bankrupt Party, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code, and that upon commencement of a bankruptcy proceeding by or against the Bankrupt Party under t he Bankruptcy Code, the Non Bankrupt Party shall be entitled to a complete duplicate of, or complete access to ( as the Non Bankrupt Party deems appropriate ) any such intellectual property and all embodiments of such intellectual property . Such duplicates s hall be promptly delivered, and such access shall promptly be provided, to the Non Bankrupt Party ( i ) upon any such commencement of a bankruptcy proceeding, upon written request therefor by the Non Bankrupt Party, unless the Bankrupt Party elects to contin ue to perform all of its obligations under this Agreement or ( ii ) if not delivered under ( i ) above, upon the rejection of this Agreement by or on behalf of the Bankrupt Party, upon written request therefor by the Non Bankrupt Party . The provisions of this Section 15.2.6(b)(a ) are without prejudice to any rights the Non Bankrupt Party may have arising under the Bankruptcy Code or other Applicable Law