definiens: ), licenses of rights to '' intellectual property " as defined in the Bankruptcy Code . The parties agree that EES, as a licensee of such rights under this Agreemen~ shall retain and may fully exercise all of its rights and elections under the Bankruptcy Code . Licensor agrees during the tenn of this Agreement to create and maintain current copies or, if not amenable to copying, detailed descriptions or other appropriate embodiments, of all such licensed intellectual property . If a case is commenced by or against Licensor under the Bankruptcy Code, then, unless and until this Agreement is rejected as provided in the Bankruptcy Code, Licensor ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including, without limitation, a Bankruptcy Code trustee ) shall either perfonn all of the obligations provided in this Agreement to be perfonned by Licensor or provide to EES all such intellectual property ( including all embodiments Page 29 of64 ( Including Attachments ) CONFIDENTIAL -INCLUDES REDACTED LANGUAGE thereot ) held by Licensor and such successors and assigns, as EES may elect in a written request, immediately upon such request . If a Bankruptcy Code case is commenced by or against Licensor, this Agreement is rejected as provided in the Bankruptcy Code and EES elects to retain its rights hereunder as provided in the Bankruptcy Code, then Licensor ( in any capacity, including debtor ~ in - possession ) and its successors and assigns ( including, without limitation, a Bankruptcy Code trustee ) shall provide to EES all such intellectual property ( including all embodiments thereof ) held by Licensor and such successors and assigns immediately upon EES 's written request therefor . All rights, powers and remedies of EES provided under this Article are in addition to and not in substitution for any and all other rights, powers and remedies now or hereafter existing 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 Licensor . EES, in addition to the rights, powers and remedies expressly provided herein, shall be entitled to exercise all other such rights and powers and resort to all other such remedies as may now or hereafter exist at law or in equity ( including the Bankruptcy Code ) in such event