definiens: as defined in the Bankruptcy Code . The parties agree that each party, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code . Each party agrees during the term of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such licensed intellectual property . If a case is commenced by or against a party under the Bank ruptcy Code, then, unless and until this Agreement is rejected as provided in the Bankruptcy Code, the licensee party ( in any capacity, including debtor -in - possession ) and its successors and assigns ( including, without limitation, a Bankruptcy Code trustee ) shall either perform all of the obligations provided in this Agreement to be performed by such licensee party or provide to the licensor party all such intellectual property ( including all embodiments thereof ) held by the licensee party and such successo rs and assigns, as the licensor party may elect in a written request, immediately upon such request . If a Bankruptcy Code case is commenced by or against a licensee party, this Agreement is rejected as provided in the Bankruptcy Code and the licensor party elects to retain its rights hereunder as provided in the Bankruptcy Code, then the licensee party ( in any capacity, including debtor -in - possession ) and its successors and assigns ( including, without limitation, a Bankruptcy Code trustee ) shall provide to the licensor party all such intellectual property ( including all embodiments thereof ) held by the licensee party and such successors and assigns immediately upon the licensor party ’s written request therefor . All rights, powers and remedies of the licensor party provided under this Section are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing at law or in equity ( including, without limitation, the Bankruptcy Code ) in the event of any such comm encement of a bankruptcy proceeding by or against the licensee party