definiens: ), licenses of rights to as defined under theBankruptcy Laws . If a case is commenced during the Term by or against a Party under Bankruptcy Laws then, unless and until this Agreement is rejected as provided pursuant to such Bankruptcy Laws, such Party ( in anycapacity, including debtor - in - possession ) and its successors and assigns ( including a Title 11 trustee ) shallperform all of the obligations in this Agreement intended to be performed by such Party . If a case is commencedduring the Term by or against a Party under the Bankruptcy Laws, this Agreement is rejected as provided forunder the Bankruptcy Laws, and the non - bankrupt Party elects to retain its rights hereunder as provided for underthe Bankruptcy Laws, then the Party subject to such case under the Bankruptcy Laws ( in any capacity, includingdebtor - in - possession ) and its successors and assigns ( including a Title 11 trustee ), shall provide to thenon - bankrupt Party copies of all Patents and Information necessary for the non - bankrupt Party to prosecute, maintain and enjoy its rights under the terms of this Agreement . All rights, powers and remedies of thenon - bankrupt Party as provided herein are in addition to and not in substitution for any and all other rights, powersand remedies now or hereafter existing at law or in equity ( including the Bankruptcy Laws ) in the event of thecommencement of a case by or against a Party under the Bankruptcy Laws . In particular, it is the intention andunderstanding of the Parties to this Agreement that the rights granted to the Parties under this Section 12.6 areessential to the Parties ’ respective businesses and the Parties acknowledge that damages are not an adequateremedy