definiens: as defined under91Section 101 of the U.S. Bankruptcy Code or other similar fo reign laws . The Parties agree that the Parties shall reta in andmay fully exercise all of their rights and elections under the U.S. Bankruptcy Code ( or any comparable provision of the lawsapplicable to bankruptcies or insolvencies ), and other simil ar foreign laws . The Parties further agree that, in th e event of thecommencement of a bankruptcy proceeding by or against a Part y under the U.S. Bankruptcy Code, the non - debtor Partyshall be entitled to a complete duplicate of ( or comple te access to, as appropriate ) any such intellectual property and allembodiments of such intellectual property and the same, w hich, if not already in the non - debtor Party ’s possession, sh all bepromptly delivered to it ( a ) upon any such commencement of a bankruptcy proceeding upon the non - debtor Party ’s writt enrequest therefor, unless the debtor Party continues to pe rform all of its obligations under this Agreement or ( b ) if notdelivered under clause ( a ) above, following the rejectio n of this Agreement by or on behalf of the debtor Party upon writtenrequest therefor by the non - debtor Party . Whenever a de btor Party or any of its successors or assigns provides to the non -debtor Party any of the intellectual property licensed her eunder ( or any embodiment thereof ) pursuant to this Sect ion 15.1,the non - debtor Party shall have the right to perform th e debtor Party ’s obligations hereunder with respect to such intellectualproperty, but neither such provision nor such performance by such non - debtor Party shall release the debtor Party fromliability resulting from rejection of the license or the failure to perform such obligations . Each Party acknowledge s and agreesthat the payments under Sections 6.4, 6.5, 6.6 and 6.7 co nstitute royalties within the meaning of Section 365(n ) of the U.S