definiens: as defined under Section 101(35A ) of the Bankruptcy Code . The Parties agree that each Party shall retain and may fully exerdse all of their respective rights . remedies and elections CONFlOENT1AL llI.EATM~ REQU~ .S'rtlD · 34 · under the Bankruptcy Code The Parties further agree that . in the event of the commencement of a bankruptcy or reorganization case by or against a Party under the Bankruptcy Code, the other Party shall be entitled to all applicable rights under Section 365 ( Including 365(n ) ) of the Bankruptcy Code . Upon rejecllon 01 this Agreement by a Party or a trustee In bankNptcy for such Party, pursuanllo Section 365(n ), the other Party may elect ( I ) 10 treat this Agreement 85 terminated by such rejection or ( ii ) to retain ils rights ( including any right to enforce any exclusivity provision of this Agreement ) to Intellectual property ( Including any embodiment of such intellectual property ) under this Agreement and under any agreement supplementary to this Agreement lor the duration of this Agreement and any period IOf which this Agreement could have been extended by such oIher Party . Upon written request to the trustee in bankruptcy Of bankrupt Party, the trustee Of Party, as applicable, shall ( i ) provide to the other Party any Intellectual property ( Including such embodiment ) held by the trustee or the bankrupt Party and shall provide to the other Parly a complete duplicate of ( Of complete access to, as appropriate ) any such inteUedual property and all embodiments of such Intellectual property and ( iI ) not interfere with the rights of the other Parly to such intellectual properly as provided in this Agreement Of any agreement supplementary to this Agreemeo t, including any right to obtain such intellectual properly ( Of such embodimen t Of duplicates thereof ) ' rom a Third Party