definiens: as defined in Section 101 of such Code . Each Party, as licensee, may fully exercise all of its rights and elections under the U.S. Bankruptcy Code and any foreign equi valent thereto in any country having jurisdiction o ver a Party or its assets ( the ) . The Pa rties further agree that, if a Party elects to reta in its rights as a licensee under any Bankruptcy Code, such Party shal l be entitled to complete access to any technology licensed to it hereunder and all embodiments of such technol ogy . Such embodiments of the technology shall be de livered to the licensee Party ( in the case of SUTRO Know - Ho w, in accordance with, and subject to the process s et forth in, Section 13.6.3(e ) ) not later than : ( a ) the comm encement of bankruptcy proceedings against the lice nsor, upon written request, unless the licensor elects to perf orm its obligations under the Agreement, or ( b ) if not delivered under Section 9.3 upon the rejection of this Agreem ent by or on behalf of the licensor, upon written r equest . Any agreements supplemental hereto will be deemed to be this Agreement for purposes of Section 365(n ) of the Bankruptcy Code