definiens: ), licenses of rights to as definedunder Section 101(35A ) of the Bankruptcy Code . The Parties agree that ARCA and [COMPANY] shall retain and may fullyexercise all of their respective rights, remedies and elections under the Bankruptcy Code.(b ) The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against CPECunder the Bankruptcy Code, ARCA shall be entitled to all applicable rights under Section 365 ( including Section 365(n ) ) of the Bankruptcy Code . Upon rejection of this Agreement by [COMPANY] or a trustee in bankruptcy for [COMPANY], pursuant toSection 365(n ), ARCA may elect ( i ) to treat this Agreement as terminated by such rejection or ( ii ) to retain its rights(including any right to enforce any exclusivity provision of this Agreement ) to intellectual property ( including anyembodiment of such intellectual property ) under this Agreement and under any agreement supplementary to thisAgreement for the duration of this Agreement and any period for which this Agreement could have been extended byCPEC . Upon written request to the trustee in bankruptcy or [COMPANY], the trustee or [COMPANY], as applicable, shall ( A ) provide toARCA any intellectual property ( including such embodiment ) held by the trustee or [COMPANY] and shall provide to ARCA acomplete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments of suchintellectual property and ( B ) not interfere with the rights of ARCA to such intellectual property as provided in thisAgreement or any agreement supplementary to this Agreement, including any right to obtain such intellectual property(or such embodiment or duplicates thereof ) from a third party