definiens: as defined underSection 101 of the U.S. Bankruptcy Code . The Parties agree that each Party as licensee of such rights under this Agreement, shall retainand may fully exercise all of its rights and elections under the U.S. Bankruptcy Code or any other provisions of applicable law outside theUnited States that provide similar protection for The Parties further agree that, in the event of the commencement of abankruptcy proceeding by or against a Party under the U.S. Bankruptcy Code or analogous provisions of applicable law outside the UnitedStates, the other Party shall be entitled to a complete duplicate of ( or complete access to, as appropriate ) any [COMPANY] Licensed Technology, Third Party Licensed Patents and all embodiments of such [COMPANY] Licensed Technology and Third Party Licensed Patents, which, if notalready in such Party ’s possession, shall be promptly delivered to it ( a ) upon any such commencement of a bankruptcy proceeding upon theother Party ’s written request therefor, unless such Party elects to continue to perform all of its obligations under this Agreement or ( b ) if notdelivered under ( a ) above, following the rejection of this Agreement by or on behalf of such Party upon written request therefor by the otherParty . Nothing in this Section shall limit or derogate from any Party ’s rights pursuant to Section 11.12 below ( Equitable Relief ) . Anyagreements supplemental hereto shall be deemed to be this Agreement for purposes of Section 365(n ) of theBankruptcy Code