definiens: as defined under Section 10 1 of the United States Bankruptcy Code . The Parties agree that Rosetta Genomics, as l icensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under the United States Bankruptcy Code . The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or again st US Genomics under the United States Bankruptcy Code, Rosetta Genomics sha ll be entitled to a complete duplicate of ( or complete access to, as appropriate ) any such intellectual property and all embodiments of such intellectual property, whic h, if not already in Rosetta Genomics ’ possession, shall be promptly delivered t o it ( i ) upon any such commencement of a bankruptcy proceeding upon Rosett a Genomics ’ written request therefor, unless US Genomics continues to perform a ll of its obligations under this Agreement or ( ii ) if not delivered under clause ( i ) above, following the rejection of this Agreement by or on behalf of US Genomics upon written request therefor by Rosetta Genomics