definiens: as defined in Title XI . During the term of this Agreement each party shall create and maintaincurrent copies to the extent practicable of all such intellectual property . If a bankruptcy proceeding is commenced byor against one party under Title XI, the other party shall be entitled to a copy of any and all such intellectual propertyand all embodiments of such intellectual property, and the same, if not in the possession of such other party, shall bepromptly delivered to it ( a ) upon such party ’s written request following the commencement of such bankruptcyproceeding, unless the party subject to such bankruptcy proceeding, or its trustee or receiver, elects within thirty(30 ) days to continue to perform all of its obligations under this Agreement, or ( b ) if not delivered as provided underclause ( a ) above, upon such other party ’s request following the rejection of this Agreement by or on behalf of the partysubject to such bankruptcy proceeding . If a party has taken possession of all applicable embodiments of theintellectual property of the other party pursuant to this Section 10.9 and the trustee in bankruptcy of the other partydoes not reject this Agreement, the party in possession of such intellectual property shall return such embodimentsupon request . If a party seeks or involuntarily is placed under Title XI and the trustee rejects this Agreement ascontemplated under 11 U.S.C. 365(n)(l ), the other party hereby elects, pursuant to Section 365(n ) of Title XI, to retainall rights granted to it under this Agreement to the extent permitted by law