definiens: asdefined under Section 101 of the U.S. Bankruptcy Code or comparable provision of applicable bankruptcy orinsolvency laws . The Parties agree that a Party that is a licensee of such rights under this Agreement will retain andmay fully exercise all of its rights and elections under the U.S. Bankruptcy Code or comparable provision of applicablebankruptcy or insolvency laws . The Parties further agree that, in the event of the commencement of a bankruptcyproceeding by or against a Party to this Agreement under the U.S. Bankruptcy Code or comparable provision ofapplicable bankruptcy or insolvency laws, the other Party will be entitled to a complete duplicate of ( or completeaccess to, as appropriate ) any such intellectual property and all embodiments of such intellectual property, and same, if not already in its possession, will be promptly delivered to it ( a ) upon any such commencement of a bankruptcy orinsolvency proceeding upon its written request therefor, unless the bankrupt Party elects to continue to perform all ofits obligations under this Agreement, or ( b ) if not delivered under ( a ) above, following the rejection of this Agreementby or on behalf of the bankrupt Party upon written request therefor by the other Party