definiens: as defined under Section 10 1 of the U .S. Bankruptcy Code or comparable provision of applicable bankruptcy or insolvency laws . The Parti es agree that a Party that is a licensee of such ri ghts under this Agreement will retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code or comparable provision of applicable bankruptcy or in solvency laws . The Parties further agree that, in t he event of the commencement of a bankruptcy proceeding by or a gainst a Party to this Agreement under the U.S. Ban kruptcy Code or comp arable provision of applicable bankruptcy or insolv ency laws, the other Party will be entitled to a complete duplicate of ( or complete access to, as ap propriate ) any such intellectual property and all e mbodiments of such intellectual property, and same, if not alr eady in its possession, will be promptly delivered to it ( a ) upon any such commencement of a bankruptcy or insolvency proceeding upon its written request therefor, unle ss the bankrupt Party elects to continue to perform all of its obligations under this Agreement, or ( b ) if not delivered under ( a ) above, following the rejection of this Ag reement by or on behalf of the bankrupt Party upon written request therefor by the other Party