definiens: ) licenses of rights to as defined under Section 1 0 1 ( 35A ) of the Bankruptcy Code . The Parties agree that [COMPANY] and OGX 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 Section 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 98 CONFIDENTIAL TREATMENT such other Party . In the event that OGX is the party to a bankruptcy proceeding under which the trustee in bankruptcy rejects this Agreement, and in such situation [COMPANY] elects to retain its rights hereunder as provided above, then to the fullest extent permitted by applicable law : ( i ) if such rejection occurs prior to OGX 's completion of its Development work under the Clinical Development Plan and of its technology transfer to [COMPANY] relating to manufacturing Know - How for OGX - O II manufacture, [COMPANY] 's royalty payment obligations and milestone payment under this Agreement shall thereafter be reduced by ' liWenty - five percent ( 25%)1 ( ii ) jf such rejection occurs after OGX completes its X Development work under the Clinical Development Plan but before it completes the technology transfer to [COMPANY] relating to manufacturing Know - How for OGX - O 11 manufacture, [COMPANY] 's royalty payment obligations and milestone payment under this Agreement shall thereafter be reduced by lien percent ( 1 oi'JI with all such reduced X amounts deemed to be royalties for purposes of Section 365(n ) of the Bankruptcy Code ; and ( iii ) if such rejection occurs thereafter, there shall be no change to [COMPANY] 's economic obligations to OGX . Upon written request to the trustee in bankruptcy or bankrupt Party, the trustee or Party, as applicable, shall ( i ) provide to the other Party all OGX Intellectual Property or [COMPANY] Intellectual Property, as applicable, ( including any embodiment of such intellectual property ) held by the trustee or the bankrupt Party and shaH provide to the other Party a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property, and Oi ) not interfere with the rights of the other Party to such intellectual property as provided in this Agreement or any agreement supplementary to this Agreement, including any right to obtain such intellectual property ( or such embodiment or duplicates thereof ) from a Third Party