definiens: ( as defined in Section 101(35A ) of theBankruptcy Code ) . Each of AVEO and Schering - Plough hereby acknowledges that ( a ) copies of research data, ( b ) laboratorysamples, ( d ) product samples, ( d ) formulas, ( e ) laboratory notes and notebooks, ( f ) data and results related to clinical trials,(g ) regulatory filings and approvals, ( h ) rights of reference in respect of regulatory filings and approvals, ( i ) pre - clinicalresearch data and results, and -25-(j ) marketing, advertising and promotional materials, in each case, that relate to such intellectual property, constitute of such intellectual property pursuant to Section 365(n ) of the Bankruptcy Code . Each Party shall retain andmay fully exercise all of its rights and elections under the Bankruptcy Code or equivalent legislation in any otherjurisdiction . Upon the bankruptcy of either Party, the other Party shall further be entitled to a complete duplicate of, orcomplete access to, as appropriate, any such intellectual property, and such intellectual property, if not already in itspossession, shall be promptly delivered to such other Party, unless the Party in bankruptcy elects to continue, and continues, to perform all of its obligations under this Agreement