definiens: ), licenses of rights to as defined in the Bankruptcy Code . As a licensee of such rights under this Agreement, [COMPANY] shall retain, and may fully exercise, all of its rights and elections under the Bankruptcy Code . If a Bankruptcy 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 -39 - CONFIDENTIAL hereunder as provided in the Bankruptcy Code, then the Bankruptcy Party ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including, without limitation, a Bankruptcy Code trustee ) shall take such steps as are necessary to permit the other Party to exercise its rights under this Agreement . All rights, powers and remedies of the non - Bankruptcy Party provided under this provision 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 a Bankruptcy Party ; or ( e ) by a Party if the other Party is undergoing a Force Majeure Event affecting a material obligation hereunder for a continuous period of six ( 6 ) months or more