definiens: ( as defined in Section 101(35A ) of title11 of the United States Code and of any similar provisions of applicable Laws under any other jurisdiction ( the ) ) . Each Party agrees that the other Party, as a licensee of rights and licenses under this CCPS Agreement, will retain andmay fully exercise all of its rights and elections under the Bankruptcy Code . The Parties further agree that, in the event of thecommencement of a bankruptcy proceeding by or against a Party under the Bankruptcy Code or analogous provisions ofapplicable Law outside the United States, the other Party will be entitled to a complete duplicate of ( or complete access to, asappropriate ) any intellectual property licensed to it and all embodiments of such intellectual property, which, if not already inits possession, will be promptly delivered to it ( a ) upon any such commencement of a bankruptcy proceeding upon such otherParty ’s written request therefor, unless the Party involved in the bankruptcy proceeding elects to continue to perform all of itsobligations under this CCPS Agreement or ( b ) if not delivered under clause ( a ), following the rejection of this CCPSAgreement by the Party in the bankruptcy proceeding upon written request therefor by the other Party