definiens: as defined under Section 101 of the Uni ted States Bankruptcy Code . The Parties agree that the applica ble licensee of such rights under this Agreement, w ill retain and may fully exercise all of its rights and electi ons under the United States Bankruptcy Code . The Pa rties further agree that, in the event of the commencemen t of a bankruptcy proceeding by or against a Party ( the ) under the United States Bankruptc y Code, the other Party will be entitled to a compl ete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiment s of such intellectual property, and same, if not already in its possession, will be promptly delivered to it ( i ) upon any such commencement of a bankruptcy proceeding upon its wr itten request therefor, unless the Bankrupt Party e lects to continue to perform all of its obligations under th is Agreement, or ( ii ) if not delivered under clause ( i ) above, following the rejection of this Agreement by or on behalf of the Bankrupt Party, upon written request therefor by the other Party