definiens: ( as defined in Section 101(35A ) of the Code ) . The Parties agree that the licensee of such rights unde r this Agreement will retain and may fully exercise all of its protections, rights and elections under the Code an d any similar laws in any other country . Each Party hereby acknowledges that copies of research data, laborato ry samples, product samples and inventory, formulas, laboratory notes and notebooks, pre - clinical resear ch data and results, tangible Know - How and rights o f reference, in each case that relate to such intelle ctual property, constitute of such in tellectual property pursuant to Section 365(n ) of the Code, an d that the licensee will be entitled to a complete duplicate of ( or complete access to, as appropriate ) any such in tellectual property and all embodiments of such int ellectual property, and the same, if not already in its posse ssion, will be 78 promptly delivered to it upon its written request t herefor and election under Bankruptcy Code Section 365(n)(1)(B ) to retain the licenses granted by [COMPANY] to [COMPANY] hereunder in the event of [COMPANY] ’s rejection of this Agreement, unless the licensor elects to co ntinue to perform all of its obligations under this Agreement