definiens: intellectual property " as defined in Title II or analogous provisions of applicable law outside the United States . SCOLR agrees that [COMPANY], as licensee of such rights under this Agreement shall retain and may fully exercise all of its rights and elections under Title II or analogous provisions of applicable law outside the United States . SCOLR agrees during the tenn of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, to the extent feasible, of all such intellectual property . If a case is commenced by or against SCOLR under Title II or Page 37 3/2312006 \0:42 AM Doc, 114500 - 5 analogous provisions of applicable law outside the United States, SCOLR ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including, without limitation, a trustee appointed under Title II or analogous provisions of applicable law outside the United States ) shall, ( a ) as [COMPANY] may elect in a written request, immediately upon such request : ( i ) perform all of the obligations provided in this Agreement to be performed by SCOLR including, where applicable and without limitation, providing to [COMPANY] portions of such intellectual property ( including embodiments thereof ) held by SCOLR and such successors and assigns or otherwise available to them ; or ( ii ) provide to [COMPANY] all such intellectual property ( including all embodiments thereof ) held by SCOLR and such successors and assigns or otherwise available to them ; and ( b ) not interfere with the rights of [COMPANY] under this Agreement, or any agreement supplemental hereto, to such intellectual property ( including such embodiments ), including any right to obtain such intellectual property ( or such embodiments ) from another entity