definiens: shall mean any and all materials required to be delivered by AMYRIS or a Co - Licensor to TOTAL hereunder and any materials relating to the licenses granted hereunder which, in the course ofdealing between the Parties under this Agreement, are customarily delivered, in whatever format ( whether electronic, written or otherwise ) . All written agreements entered into relating to and in connection with the Parties ’ performancehereunder from time - to - time, shall be considered agreements to this Agreement for purposes ofSection 365(n ) of the Bankruptcy Code . AMYRIS and each Co - Licensor acknowledges and agrees that the rights ofTOTAL to such intellectual property ( and such embodiments ) are unique, and that to the extent AMYRIS or a Co - Licensor, or their respective trustees in bankruptcy, were to sell any portion of such 41 CONFIDENTIAL intellectual property free and clear of liens, claims or interests, TOTAL would suffer irreparable damages, such thatAMYRIS and each Co - Licensor agrees that such sale shall not occur without TOTAL ’s express written consent . Forthe avoidance of doubt, as used in this Section 7.E.2, is limited to intellectual property includedin the AMYRIS Licensed IP and the Strain Improvement Technology, and any tangible embodiments of suchintellectual property, and includes all such intellectual property and tangible embodiments of such intellectual property(provided in the case of the Strain Improvement Technology, only to the extent, and for the uses and period, described in Section 2.A.(i)(b ) )