definiens: ), licenses of rights to as defined und er the Paragraph 101(35A ) of the Bankruptcy Code . T he Parties agree that the non - bankrupt Party will reta in and may fully exercise all of its rights and ele ctions under applicable Law . The Parties further agree tha t, in the event of the commencement of bankruptcy proceeding by or against a bankrupt Party, the othe r Party will be entitled to a complete access to an y tangible and intangible property that is licensed t o such Party pursuant to the license grants under A rticle 9, and all embodiments of such tangible and intangi ble property, but only to the extent provided for i n such license grants ; and such access and embodiments, if not already available to the other Party or in the other Party ’s possession, will be promptly made available or delivered to the other Party ( a ) upon any such commencement of a bankruptcy proceeding, upon the o ther Party ’s written request therefor ( which reques t must identify the specific intellectual property ), unless the bankrupt Party ( or trustee on behalf of the bankrupt Party ) elects within [ * * ] to continue to p erform all of its obligations under this Agreement or ( b ) if not delivered under ( a ) above, upon rejectio n of this Agreement by or on behalf of the bankrupt Party, upon written request therefore by the other Party