definiens: as defined under Section 101(35A ) of the Bankruptcy Code for purposes of Section 365(n ) of the United States Bankruptcy Code ( ) or any analogous provisions in any other countr y or jurisdiction . The Parties agree that the licensee of such intellectual property under this Agreement shall retain, and may fully exercise, all of its rights and elections under the Bankruptcy Code, or any analogous provisions in any other country or j urisdiction . If a bankruptcy proceeding is commenced by or against either Party under the Bankruptcy Code or any analogous provisions in any other country or jurisdiction, the non -debtor Party shall be entitled to a complete duplicate of ( or complete acces s to, as appropriate ) any intellectual property licensed hereunder, and embodiments of such intellectual property, which, if not already in the non -debtor Party ’s possession, shall be delivered to the non -debtor Party within [ * * * ] of such request ; provided that the debtor Party is excused from its obligation to deliver such intellectual property to the extent the debtor Party continues to perform all of its obligations under this Agreement and this Agreement has not been rejected pursuant to the Bankruptcy Code or any analogous provision in any other country or jurisdiction