definiens: ), licenses of rights to as defined in the BANKRUPTCY CODE . As a licensee of su ch rights under this AGREEMENT, a PARTY shall retain and may fully exerc ise all of its rights and elections under the BANKRUPTCY CODE . If a BANKR UPTCY CODE case is commenced by or against a PARTY ( the ) and this AGREEMENT is rejected as provided in the BANKRUPTCY CODE and the BANKRUPTCY PARTY elects to retain its rights hereunder as provided i n the BANKRUPTCY CODE, then the BANKRUPTCY PARTY ( in any capacity, includi ng debtor - in - possession ) and its successors and assigns ( including, without limitation, a BANKRUPTCY CODE trustee ) shall take such steps as are necessar y to Page 68 of 70 permit the other PARTY to exercise its rights under this AGREEMENT . All rights, powers and remedies of the non - BANKRUPTCY P ARTY provided under this provision are in addition to and not in substitutio n for any and all other rights, powers and remedies now or hereafter existi ng at law or in equity ( including, without limitation, the BANKRUPTCY CODE ) in the event of any such commencement of a bankruptcy proceeding by or against a BANKRUPTCY PARTY