definiens: as defined in Section 101 of such Code . The Parties agree that th e licensee may fully exercise all of its rights and elections under the U.S. Bankruptcy Code, regardles s of whether either Party files for bankruptcy in t he United States or other jurisdiction . The Parties fu rther agree that, in the event a licensee elects to retain its rights 59 of 124 * * * Confidential Treatment Requested CONFIDENTIAL as a licensee under such Code, the licensee shall b e entitled to complete access to any technology licensed to it hereunder and all embodiments of suc h technology . Such embodiments of the technology shall be delivered to the licensee not later than : ( 1 ) the commencement of bankruptcy proceedin gs against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or ( 2 ) if not delivered under ( a ) above, upon t he rejection of this Agreement by or on behalf of the licensor, upon written reque st