definiens: as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that Odyssey and [COMPANY] shall retain and may fully exercise all of their respective rights, remedies and elections under the Bankruptcy Code . The Parties further agree that, in the event of the commencement of a bankruptcy or reorganization case by or against a Party under the Bankruptcy Code, the other Party shall be entitled to all applicable rights under Section 365 ( including 365(n ) ) of the Bankruptcy Code . Upon rejection of this Agreement by a Party or a trustee in bankruptcy for such Party, pursuant to Section 365(n ), the other Party may elect ( i ) to treat this Agreement as tenninated by such rejection or ( ii ) to retain its rights ( including any right to enforce any exclusivity provision of this Agreement ) to intellectual property ( including any embodiment of such intellectual property ) under this Agreement and under any agreement supplementary to this Agreement for the duration of this Agreement and any period for which this Agreement could have been extended by such other Party, subject, however, to the continued payment of all amounts owing under this Agreement, all of which amounts shall be deemed to be royalties for purposes of Section 365(n ) of the Bankruptcy Code . Upon written request to the trustee in bankruptcy or bankrupt Party, the trustee or Party, as applicable, shall ( i ) provide to the other Party any intellectual property, including all [COMPANY] Intellectual Property ( including any embodiment of such intellectual CONFIDENTIAL TREATMENT REQUESTED -61 -propenYl held by thc lruSlee or the bankrupt ? arty and slwll provide 10 11 K other ? any a complete dUplicale of ( or complete ac~55 10 . < IS approrriate ) any such intellectual properly including all lndevus Intell<:<:tual ? ropo : rty and all embodiments of sneh intelkdual property and ( ii ) nQt interfere with the rights 0 r the other Party to stleh intellectual property as provided in thi$ Agreemelll or ~ny agrcement sllpp1cl1l ~ n tary 10 this Agreement