definiens: ( as defined in Section 101(35A ) of the Bankruptcy Code ) . Each of th e Parties hereby acknowledge that ( a ) copies of research data, ( b ) laboratory samples, ( c ) product samples, ( d ) formulas, ( e ) laboratory notes and notebooks, ( f ) data and results related to clinical trials, ( g ) regulatory filings and approvals, ( h ) rights of reference in respect of regulatory filings and approvals, ( i ) pre - clinical research data and results, and ( j ) marketing, advertising and promotional materials, in each case, that relate to such intellectual property, constitute of such intellectual property pursuant to Section 365(n ) of the Bankruptcy Code . Each Party shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any other jurisdiction . Upon the bankruptcy of eithe r Party, the other Party shall further be entitled to a complete duplicate of, or complete access to, as appropriate, any such intellectual property, and such intellectual property, if not already in its possession, shall be promptly delivered to such othe r Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement