definiens: ), licenses of rights to as defined under the Bankruptcy Laws . If a case is commenced during the Term by or against a Party under Bankruptcy Laws then, unless and until this Agreement is rejected as provided pursuant to such Bankruptcy Laws, such Party ( in any capacity, including debtor -in - possession ) and its successors and assigns ( including a Title 11 trustee ) shall perform all of the obligations in this Agreement intended to be performed by such Party . If a case is commenced during t he Term by or against a Party under the Bankruptcy Laws, this Agreement is rejected as provided for under the Bankruptcy Laws, and the non -bankrupt Party elects to retain its rights hereunder as provided for under the Bankruptcy Laws, then the Party subjec t 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 non -bankrupt Party copies of all Patents and Know -How Controlled by the bankrupt Party necessary for the non -bankrupt Party to prosecute, maintain and enjoy its rights under the terms of this Agreement . All rights, powers and remedies of the non -bankrupt Party as provided herein are in addition to and not in substitution for any and al l other rights, powers and remedies now or hereafter existing at law or in equity ( including the Bankruptcy Laws ) in the event of the commencement of a case by or against a Party under the Bankruptcy Laws . In particular, it is the intention and understandi ng of the Parties to this Agreement that the rights granted to the Parties under this Section 10.2 are essential to the Parties ’ respective businesses and the Parties acknowledge that damages are not an adequate remedy