definiens: as defined inSection 101(35A ) of Title 11 of the United States Code . Each Party may elect to retain and may fully exercise all ofits rights and elections under Section 365(n ) of Title 11 of the United States Code and other similar laws in anyjurisdiction outside the U.S. ( collectively, the ) . The Parties further agree that in the event of thecommencement of a bankruptcy proceeding during the Term by or against a Party under the Bankruptcy Laws then, unless and until this Agreement is rejected as provided in such Bankruptcy Laws, such Party ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including a trustee ) shall perform all of the obligationsprovided in this Agreement to be performed by such Party . The Parties further agree that in the event of acommencement of a bankruptcy proceeding under the Bankruptcy Laws, this Agreement is rejected or not assumedas provided in the Bankruptcy Laws and the other Party elects to retain its rights hereunder as provided in theBankruptcy Laws, then the Party subject to such case under the Bankruptcy Laws ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including a Title 11 trustee ), shall provide to the other Party copies ofall information necessary for such other Party to exercise and enjoy its rights under the terms of this Agreementpromptly upon such other Party ’s written request therefor . All rights, powers and remedies of the non - bankrupt Partyas provided herein are in addition to and not in substitution for any and all other rights, powers and remedies now orhereafter existing at law or in equity ( including, without limitation, the Bankruptcy Laws ) in the event of thecommencement of a case by or against a Party under the Bankruptcy Laws . Section 365(n ) and the terms of thisSection 12.3 shall apply and shall be enforced in and by every court, tribunal, arbitrator, regulatory body or officialresolving disputes between the Parties with respect to rights in intellectual property, whether such court, tribunal, arbitrator, regulatory body or official is located in the U.S. or in any other nation or jurisdiction