definiens: as defined in Section 365(n ) of Title 11 of the United States Code ( ) . Providedthat the Non - Debtor Party does not terminate this Agreement pursuant to this Article 16, each Party agrees that theother Party, as licensee of such rights under this Agreement shall retain and may fully exercise all of its rights andelections under Title 11 . Each Party agrees during the Term of this Agreement, to create and maintain current copiesor, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of allsuch intellectual property . If a case is commenced by or against the Debtor Party under Title 11, the Debtor Party ( inany capacity, including debtor - in - possession ) and its successors and assigns ( including a Title 11 trustee ) shall, asthe Non - Debtor Party may elect in a written request, immediately upon such request:16.2.1 perform all of the obligations provided in this Agreement to be performed by the Debtor Partyincluding, where applicable and without limitation, providing to the Non - Debtor Party portions of such intellectualproperty ( including embodiments thereof ) held by the Debtor Party and such successors and assigns or otherwiseavailable to them ; or16.2.2 provide to the Non - Debtor Party all such intellectual property ( including all embodiments thereof ) heldby the Debtor Party and such successors and assigns or otherwise available to them ; and16.2.3 not interfere with the rights of the Non - Debtor Party under this Agreement, or any agreementsupplemental hereto, to such intellectual property ( including such embodiments ), including any right to obtain suchintellectual property ( or such embodiments ) from another entity, to the extent provided in Section 365(n ) of Title 11