definiens: ), licenses of rights to as defined in Title Xl . During the term of this Agreementeach party shall create and mairitain current copies to the extent practicable of all such intellectual prop - erty . If a bankruptcy proceeding is commenced by pragainst one, party under Title Xl, the other party,, shall be entitled to a copy of any and all such intellectual property and all embodiments of such intellec - tual property, and the same ; if not in the possession of such other party, shall be promptly delivered to it(a ) upon such party 's written request'following the commencement of such bankruptcy proceeding, unlessthe party subject to such bankruptcy proceeding, or its trustee or receiver, elects within thirty ( 30 ) days tocontinue to perform all of its obligations under this Agreement, or ( b ) if not delivered as provided underclause ( 3 ) above, upon such other party 's request following the rejection of this Agreement by or on be - half of the party subject to such bankruptcy proceeding . rr'a party has taken possession of all applicableembodiments of the intellectual ' property of, the other party pursuant to this Section 9.9 and the trustee inbankruptcy of the other, party does not reject this Agreement, the party in pOssession of such intellectualproperty shall return such embodiments upon request . If a party seeks or involuntarily is placed under Ti - tle XI and the trustee rejects this Agr ~ ement as contemplated under 11 U.S.c . 365(n)(I ), the other partyhereby elects, pursuant to Section 365(n ) of Title Xl, to retain all rights granted to it under this Agreementto the extent permitted by law,9.10 Use of Name . Neither party shall use the Dameor trademarks of the other party, except tothe extent that a party is permitted to use the Confidential Information of the other party pursuant to Arti - cle 5, without the prior written consent of such other party