definiens: ), licenses of rights to a s defined under Section 101(335A ) of the Code . The Parties agree th at each Party, as a licensee of certain rights unde r this Agreement, shall retain and may fully exercise all of its rights and elections under the Code, an d that upon commencement of a bankruptcy proceeding b y or against a Party under the Code ( such Party, the ), the other Party shall be entitled to a complete duplicate of or complete access to ( as the other Party deems appropriate ), any inte llectual property licensed to such other Party and all embodiments of such intellectual property, which, i f not already in such other Party ’s possession, sha ll be promptly delivered to it : ( i ) upon any such comm encement of a bankruptcy proceeding upon such other Party ’s written request therefor, unless the Bankrupt Party elects to continue to perform all of its obligations under this Agreement ; or ( ii ) if not de livered under clause ( i ), following the rejection o f this Agreement by the Bankrupt Party upon written reques t therefor by the other Party