definiens: ), licenses of rights to be as defined under the Code, If a case is commenced during theTerm by or against a Party under Code then, unless and until this Agreement is rejected as provided in such Code, such Party ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including a trustee ) shallperform all of the obligations provided in this Agreement to be performed by such Party . If a case is commencedduring the Term by or against a Party under the Code, this Agreement is rejected as provided in the Code and theother Party elects to retain its rights hereunder as provided in the Code, then the Party subject to such case under theCode ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including a Title 11 trustee),shall provide to the other Party copies of all Information necessary for such other Party to prosecute, maintain andenjoy its rights under the terms of this Agreement promptly upon such other Party ’s written request therefor . All rights, powers and remedies of the non - bankrupt Party as provided herein are in addition to and not in substitution for anyand all other rights, powers and remedies now or hereafter existing at law or in equity ( including the Code ) in the eventof the commencement of a case by or against a Party under the Code