definiens: ), licenses of rights to as defined under Section 10 1(35A ) of the Bankruptcy Code . The Parties agree that [COMPANY], as a licensee of such righ ts under this Agreement, shall retain and may fully exercise all of its rights ( including, wi thout limitation, any right to enforce any exclusivity provision of this Agreement ( including any embodiment of such ) ), remedies and elections under the Bankr uptcy Code . To the fullest extent permitted by Applicable Law, the Parties 36 further agree that, in the event of the commencement of a bankruptcy proceeding by or again st [COMPANY] under the Bankruptcy Code, [COMPANY] shall be entitled to all applicable rights und er Section 365 of the Bankruptcy Code, including but not limited to, a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments of such intellectual property upon written request therefore by [COMPANY], and such, if not already in its possession, shall be promptly delivered to [COMPANY]