definiens: as defined in Section 101(56 ) of the Ban kruptcy Code . In the event of the commencement of a case by or against either party under any Chapter of the Bankruptcy Code, this Agreement sha ll be deemed an executory contract and all rights and obligations hereunder shall be determined in accordance with Section 365(n ) thereof . Unless a p arty rejects this Agreement and the other party decides not to retai n its rights hereunder, the other party shall be entitled to a complete du plicate of ( or complete access to, as appropriate ) all intellectual proper ty and all embodiments of such intellectual property held by the party and t he party shall not interfere with the rights of the other party, whic h are expressly granted hereunder, to such intellectual property and all e mbodiments of such intellectual property from another entity . Further, this Agreement shall be deemed, upon presentation to another entity, to be the same as an express instruction by the party to such other entity to p rovide such intellectual property and all embodiments of such intellectual property directly to the other party . Without limiting the foregoing provis ions in this paragraph, the other party shall be entitled to all post - bank ruptcy - petition improvements, updates, or developments of intellec tual property created hereunder . If such intellectual property is not fu lly developed as of the commencement of any bankruptcy case, the other par ty shall have the right to complete development of the property