definiens: a s defined in Section 101 of such Code . The Parties agree that Li censee may fully exercise all of its rights and ele ctions under the U.S. Bankruptcy Code, regardless of whether eit her Party files for bankruptcy in the United States or other jurisdiction . The Parties further agree that, in th e event Licensee elects to retain its rights as a l icensee under such Code, Licensee shall be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technology . Such embodiments of the technology shall be delivered to the Licensee not later than : ( a ) the commencement of bankruptcy proceedings against the licensor, upon written request, unless the licensor elects to perform its obligations under the Agreement, or ( b ) if not delivered under Section 11.13(a ) above, upon the rejection of this Agreement by or on behalf of Licensee, upon wr itten request