definiens: ), licenses of rights to as defined underSection 101(35A ) of the Bankruptcy Code . The Parties agree that the Non - Bankrupt Party, as a licensee of suchrights under this Agreement, will retain and may fully exercise all of its rights and elections under the BankruptcyCode . The parties further agree that upon commencement of a bankruptcy proceeding by or against the BankruptParty under the Bankruptcy Code, the Non - Bankrupt Party will be entitled to a complete duplicate of, or completeaccess to ( as the Non - Bankrupt Party deems appropriate ), all 73CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH . ACOMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THESECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIALTREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, ASAMENDED