definiens: as defined under 11 U.S.C. § 101(35A ) of the Bankruptcy Code . The Parties agree thatLicensee, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights, including any right to enforce any exclusivity provision of this Agreement, remedies, and elections under ApplicableLaw . To the fullest extent permitted by Applicable Law, the Parties further agree that, in the event of thecommencement of a bankruptcy proceeding by or against OSI under the Bankruptcy Code, Licensee shall be entitledto all applicable rights under 11 U.S.C. § 365(n ) of the Bankruptcy Code, including copies and access to, asappropriate, any such intellectual property and all embodiments of such intellectual property upon written requesttherefor by Licensee, and such, if not already in its possession, shall be promptly delivered to Licensee