definiens: as defined underSection 101(35A ) of the Bankruptcy Code . The Parties agree that [COMPANY] and Indevus shall retain and may fully exercise all oftheir respective rights, remedies and elections under the Bankruptcy Code . The Parties further agree that, in the event of thecommencement of a bankruptcy or reorganization case by or against a Party under the Bankruptcy Code, the other Party shallbe entitled to all applicable 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 Party may elect ( a ) totreat this Agreement as terminated by such rejection or ( b ) to retain its rights ( including any right to enforce any exclusivityprovision of this Agreement ) to intellectual property ( including any embodiment of such intellectual property ) under thisAgreement and under any agreement supplementary to this Agreement for the duration of this Agreement and any period forwhich this Agreement could have been extended by such other Party, subject, however, to the continued payment of allamounts owing under this Agreement, all of which amounts shall be deemed to be royalties for purposes of Section 365(n ) ofthe Bankruptcy Code . Upon written request to the trustee in bankruptcy or bankrupt Party, the trustee or Party, as applicable, shall ( i ) provide to the other Party any intellectual property, including all Indevus Intellectual Property ( including anyembodiment of such intellectual property ) held by the trustee or the bankrupt Party and shall provide to the other Party acomplete duplicate of ( or complete access to, as appropriate ) any such intellectual property including all Indevus IntellectualProperty and all embodiments of such intellectual property and ( ii ) not interfere with the rights of the other Party to suchintellectual property as provided in this Agreement or any agreement supplementary to this Agreement, including any right toobtain such intellectual property ( or such embodiment or duplicates thereof ) from a Third Party