definiens: as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that [COMPANY] andIndevus shall retain and may fully exercise all of their respective rights, remedies and elections under theBankruptcy Code . The Parties further agree that, in the event of the commencement of a bankruptcy orreorganization case by or against a Party under the Bankruptcy Code, the other Party shall be entitled toall applicable rights under Section 365 ( including 365(n ) ) of the Bankruptcy Code . Upon rejection of thisAgreement by a Party or a trustee in bankruptcy for such Party, pursuant to Section 365(n ), the otherParty may elect ( i ) to treat this Agreement as terminated 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 agreementsupplementary to this Agreement for the duration of this Agreement and any period for which thisAgreement could have been extended by such other Party, subject, however, to the continued payment ofall amounts owing under this Agreement, all of which amounts shall be deemed to be royalties forpurposes of Section 365(n ) of the Bankruptcy Code . Upon written request to the trustee in bankruptcy orbankrupt Party, the trustee or Party, as applicable, shall ( i ) provide to the other Party any intellectualproperty ( including such embodiment ) held by the trustee or the bankrupt Party and shall provide to theother Party a complete duplicate of ( or complete access to, as appropriate ) any such intellectual propertyand all embodiments of such intellectual property and ( ii ) not interfere with the rights of the other Party tosuch intellectual property as provided in this Agreement or any agreement supplementary to thisAgreement, including any right to obtain such intellectual property ( or such embodiment or duplicatesthereof ) from a Third Party