definiens: as defined under Section 101(35A ) of th e Bankruptcy Code . Each Party shall retain and may fully exercis e all of its rights and elections under the Bankrup tcy Code or equivalent legislation in any other jurisdiction . U pon the commencement of a bankruptcy or other insol vency proceeding of either Party, the other Party shall f urther be entitled to a complete duplicate of ( or c omplete access to, as appropriate ) any such intellectual property and all embodiments of such intellectual property, and such, if not already in its possession, shall be promptly de livered to such other Party, unless the Party in ba nkruptcy or other insolvency proceeding elects to continue, and continues, to perform all of its obligations under this Agreement . If not delivered pursuant to the previou s sentence, such intellectual property and such emb odiments thereof shall be delivered upon the rejection of th is Agreement by or on behalf of the non - bankrupt Pa rty upon written request therefor