definiens: as defined in Section 365(n ) of Title 11 of the United States Code ( ) . Each Partyagrees that the other Party, as licensee of such rights under this Agreement shall retain and may fully exercise all of its rightsand elections under Title 11 . Each Party agrees during the Term, to create and maintain current copies or, if not amenable tocopying, detailed descriptions or other appropriate embodiments, to the extent feasible, of all such intellectual property . If acase is commenced by or against a Party ( the ) under Title 11, the Debtor Party ( in any capacity, includingdebtor - in - possession ) and its successors and assigns ( including, without limitation, a Title 11 trustee ) shall:(a ) as the other Party ( the ) may elect in a written request, immediately upon such request:(i ) perform all of the obligations provided in this Agreement to be performed by the Debtor Party including, where applicable and without limitation, providing to the Non - Debtor Party portions of such intellectual property ( includingembodiments thereof ) held by the Debtor Party and such successors and assigns or otherwise available to them ; or 84(ii ) provide to the Non - Debtor Party all such intellectual property ( including all embodiments thereof to theextent provided by applicable non - bankruptcy law and this Agreement ) held by the Debtor Party and such successors andassigns or otherwise available to them ; and(b ) not interfere with the rights of the Non - Debtor Party under this Agreement, or any agreement supplementalhereto, to such intellectual property ( including such embodiments ), including any right to obtain such intellectual property(or such embodiments ) from another entity, to the extent provided in Section 365(n ) of Title 11