definiens: of intellectual property within the meaning of Sect ion 365(n ) of the Bankruptcy Code include product prototypes, inventory, Study Data, Zio Serv ice Data, and other data, Regulatory Approvals, Reimbursement Approvals, algorithms, sof tware, hardware, prototypes, models, devices, components, and accessories . If ( i ) a case under the Bankruptcy Code is commenced by or against Licensor, ( ii ) this Agreement is rejecte d as provided in the Bankruptcy Code, and ( iii ) Licensee elects to retain its rights hereunder as p rovided in Section 365(n ) of the Bankruptcy Code, Licensor ( in any capacity, including debtor - i n - possession ) and its successors and assigns ( including a trustee ) will : ( i ) provide to Licensee all such Intellectual Property Rights, Study Data, and Historical Zio Service Data ( including all embodiments thereof ) then licensed to Licensee hereunder held by Licensor and such successors and assigns, or otherwise available to them, immediately upon Licensee ’s written request . Whenever Licensor or any of its successors or assigns provides to Licensee any of t he License d IP ( or any embodiment thereof ) pursuant to this Section 10.8 ( Rights in Bankruptcy ), Licensee will have the right to perform Licensor ’s obligations hereunder w ith respect to such Intellectual Property Rights, Study Data, and Historical Zio Ser vice Data, but neither such provision nor such performance by Licensee will rel ease Licensor from liability resulting from rejection of the license or the fail ure to perform such obligations ; and ( ii ) not interfere with Licensee ’s rights under this Agr eement, or any agreement supplemental hereto, to such Intellectual Property Rights, Study Data, and Historical Zio Service Data ( including such embodiments ), incl uding any right to obtain such Intellectual Property Rights, Study Data, and Historical Zio Ser vice Data ( or such embodiments ) from another entity, to the extent pro vided in Section 365(n ) of the Bankruptcy Code