definiens: ), licenses of rights to as defined under the Bankru ptcy Laws . If a case is commenced during the Term b y or against a Party under Bankruptcy Laws then, unless and until this Agreement is rejected as provided pu rsuant to such Bankruptcy Laws, such Party ( in any capacity, including debtor - in - possession ) and its successors and assigns ( including a Title 11 trustee ) shall perfor m all of the obligations in this Agreement intended to be performed by such Party . If a case is commenced dur ing the Term by or against a Party under the Bankru ptcy Laws, this Agreement is rejected as provided for un der the Bankruptcy Laws, and the non - bankrupt Party elects to retain its rights hereunder as provided for unde r the Bankruptcy Laws, then the Party subject to su ch case under the Bankruptcy Laws ( in any capacity, includi ng debtor - in - possession ) and its successors and ass igns ( including a Title 11 trustee ), shall provide to th e non - bankrupt Party copies of all Patents and Info rmation necessary for the non - bankrupt Party to * * * Certain Confidential Information Omitted prosecute, maintain and enjoy its rights under the terms of this Agreement . All rights, powers and rem edies of the non - bankrupt Party as provided herein are in ad dition to and not in substitution for any and all o ther rights, powers and remedies now or hereafter existing at la w or in equity ( including the Bankruptcy Laws ) in t he event of the commencement of a case by or against a Party under the Bankruptcy Laws . In particular, it is th e intention and understanding of the Parties to this Agreement that the rights granted to the Parties under this S ection 13.5 are essential to the Parties ’ respective businesses and the Parties acknowledge that damages are not a n adequate remedy