definiens: ) licenses -29 - SF _ DOCS\338077.4 CONFIDENTIAL TREATMENT of rights to as defined in Section 101(52 ) of the Code . [COMPANY], as a licensee of such rights under this Agreement shall retain and may fully exercise all of its rights and elections under the Code, subject to performance by [COMPANY] of its obligations under this Agreement . [COMPANY] further agrees that, in the event of the commencement of a bankruptcy proceeding by or against [COMPANY] under the Code, [COMPANY] shall be entitled to a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments thereof, which shall promptly be delivered to [COMPANY], at its sole expense : ( i ) upon written request from [COMPANY] following commencement of a bankruptcy proceeding by or against [COMPANY], or ( ii ) if not delivered pursuant to subsection ( i ), above, upon written request from [COMPANY] following the rejection in bankruptcy of this Agreement by or on behalf of [COMPANY] . In the event of a filing for bankruptcy or insolvency by [COMPANY], [COMPANY] shall confirm to the receiver, trustee or liquidator that [COMPANY] Knowhow and [COMPANY] Patents are the sole property of [COMPANY] and may not be disposed of by [COMPANY] except as expressly provided herein . To the extent that [COMPANY] hereafter renegotiates its supply agreement with Biochemie GlllbH, [COMPANY] shall in good faith endeavor to obtain assurance that, in the event that such agreement is subject to termination because of bankruptcy or insolvency on the part of [COMPANY], [COMPANY] shall have the right to assume [COMPANY] ' rights and obligations thereunder without interruption