definiens: as defined under Section 101(52 ) of the US . Bankru ptcy Code . Each Party agrees that the other Party, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the U.S. Bankruptcy Code . Without limiting th e foregoing, the Parties further agree that if a bankruptcy proc eeding is commenced by or against one Party ( the ) then, in the event the Debtor rejects this Agreemen t pursuant to Section 365 of the U.S. Bankruptcy Co de or otherwise applicable law and the other Party elects to retain its rights hereunder pursuant to Section 365(n ) of the U.S. Bankruptcy Code or otherwise applicable law, t he other Party shall be entitled to a complete dupl icate of ( or complete access to, as appropriate ) any such intell ectual property and all embodiments of such intelle ctual property . The Parties further agree, without limiti ng the foregoing, that unless and until the Debtor rejects this Agreement pursuant to applicable law, the Debtor sh all perform all of its obligations hereunder or imm ediately provide to the other Party a complete duplicate of ( or complete access to, as appropriate ) any such in tellectual property and all embodiments of such intellectual p roperty, and the same, if not already in the other Party ’s * * * Confidential Treatment Requested possession ; provided, however, that upon assumption of this Agreement by the Deb tor pursuant to Section 365 of the U.S. Bankruptcy Code or otherwise applicable la w, the other Party shall promptly return all such t angible materials, intellectual property and embodiments th ereof that have been provided to it solely as a res ult of this Section