Common use of Rights in Bankruptcy Clause in Contracts

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the parties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (a) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under subsection (a) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party TOTAL or AMYRIS are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that Each of the partiesParties, as licensees a licensee of such rights under this Agreement, will shall retain and may fully exercise all of their its respective rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in In the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. Bankruptcy Code, then the party hereto that other Party (which is not a party Party to such proceeding will proceeding) shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property licensed to such other Party under this Agreement and all embodiments of such intellectual property, and same, if not already in their such other Party’s possession, will shall be promptly delivered by the Party to them such other Party (ai) upon any such commencement of a bankruptcy proceeding upon their its written request therefor, unless the party Party subject to such proceeding elects to continue continue, and thereafter continues, to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Aventis or Targacept are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party Party under the U.S. Bankruptcy Code, the party hereto Party that is not a party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will shall be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, Agreement or (bii) if not delivered under subsection clause (a) abovei), following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the an non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Servier or XOMA are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 101(34A) of the U.S. Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party Party under the U.S. Bankruptcy Code, the party Party hereto that is not a party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual propertyproperty (including all Information related to such intellectual property and rights of reference with respect to Regulatory Approvals), and same, if not already in their possession, will shall be promptly delivered to them (a) upon any such commencement of a bankruptcy proceeding upon their written request therefortherefore, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, or (b) if not delivered or granted under subsection (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor therefore by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Myriad or Maxim are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the parties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Licensee or GPC Biotech are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party Party under the U.S. Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Lupin or Salix are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon following any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Roche or Emisphere are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the parties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party SGX and Roche are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “"intellectual property” " as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party's possession, will be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party's written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party JV, BMS or Gilead are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesJV, BMS and Gilead, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their its rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against the JV or either party Member Party under the U.S. United States Bankruptcy Code, the party hereto that is not a party to such proceeding will non-subject Parties shall be entitled to a complete duplicate of (or complete access to, as the non-subject Party deems appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their possession, will shall be promptly delivered to them (a) upon any such commencement of a bankruptcy proceeding upon their a non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by a non-subject Party. The provisions of this Section 14.7 are without prejudice to any rights the non-subject partyParties may have arising under the U.S. Bankruptcy Code or other Applicable Law.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party SGX and Lilly are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “"intellectual property” " as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party's possession, will be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party's written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party ABX or AZ are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Amylin or Nastech are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to “"intellectual property” " as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the partiesthey, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if such items are not already in their possessionthe possession of the party that is not subject to such proceeding, will be promptly delivered to them the non-subject party (a) upon any such commencement of a bankruptcy proceeding upon their its written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Yakult or GPC Biotech are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy CodeCode or applicable bankruptcy laws outside the United States. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Codesuch bankruptcy laws. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party Party under the U.S. Bankruptcy Codesuch bankruptcy laws, the party Party hereto that is not a party Party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Party are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party Party under the U.S. Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property licensed by it hereunder and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefortherefore, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor therefore by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant -------------------- to this Agreement by either party to the other party Parties are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to “"intellectual property” " as defined under Section 101 of the U.S. Bankruptcy Code. The parties Parties agree that the partiesthat, as licensees of such rights under this Agreement, will each shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party AHP or Immunex under the U.S. Bankruptcy Code, the party hereto that Party which is not a party to such proceeding will the bankrupt or insolvent entity shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and the same, if not already in their its possession, will shall be promptly delivered to them it (ai) upon any such commencement of a bankruptcy proceeding upon their its written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, Agreement or (bii) if not delivered under subsection (ai) above, following upon the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the any non-subject partyinsolvent Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Medarex, Genmab or deCODE are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “"intellectual property” " as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party any Party under the U.S. United States Bankruptcy Code, the party Parties hereto that is are not a party Party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party's(ies') possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party's(ies') written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty(ies).

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Isis or Celera are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “"intellectual property” " as defined under Section 101 of the U.S. Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-by or against either party Party under the U.S. Bankruptcy Code, the party Party hereto that which is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Parties are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy CodeCode except as may otherwise be required by any provision under Danish insolvency Laws. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy CodeCode to the extent not otherwise mandatorily provided for under Danish insolvency Laws. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, or commencement of insolvency proceeding by or against a Party under the party Danish Bankruptcy Act as the case may be, the Party hereto that is not a party Party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party's possession, will be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party's written request therefortherefore, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor therefore by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party CoTherix or Asahi are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party Party under the U.S. Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under subsection (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the parties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual propertyproperty […***…], and same, if not already in their possession, will be promptly delivered to them (a) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (b) if not delivered under subsection (a) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Forest or Replidyne are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the parties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.,

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Licensors are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesMerck, as licensees licensee of such rights under this Agreement, will shall retain and may fully exercise all of their its rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Napo or Salix are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon following any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Ocera or Kureha are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of rights right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. The parties agree that the parties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. Bankruptcy Code. The parties further agree that, in the event of the commencement of a bankruptcy proceeding-by or against either party under the U.S. Bankruptcy Code, the party hereto that is not a party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and same, if not already in their possession, will be promptly delivered to them (ai) upon any such commencement of a bankruptcy proceeding upon their written request therefor, unless the party subject to such proceeding elects to continue to perform all of its obligations under this Agreement, or (bii) if not delivered under subsection (ai) above, following the rejection of this Agreement by or on behalf of the party subject to such proceeding upon written request therefor by the non-subject party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party deCODE, Medarex or Genmab are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “"intellectual property” " as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party Party to such proceeding will shall be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party's(ies') possession, will shall be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party's(ies') written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty(ies).

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Lupin or Salix are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will shall retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy Code. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, the party Party hereto that is not a party to such proceeding will shall *Confidential treatment requested; certain information omitted and filed separately with the SEC. be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will shall be promptly delivered to them it (a) upon following any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefor, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor by the non-subject partyParty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by either party to the other party Parties are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. United States Bankruptcy Code, licenses of rights to “intellectual property” as defined under Section 101 of the U.S. Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy CodeCode except as may otherwise be required by any provision under Danish insolvency Laws. The parties Parties agree that the partiesParties, as licensees of such rights under this Agreement, will retain and may fully exercise all of their rights and elections under the U.S. United States Bankruptcy CodeCode to the extent not otherwise mandatorily provided for under Danish insolvency Laws. The parties Parties further agree that, in the event of the commencement of a bankruptcy proceeding-proceeding by or against either party a Party under the U.S. United States Bankruptcy Code, or commencement of insolvency proceeding by or against a Party under the party Danish Bankruptcy Act as the case may be, the Party hereto that is not a party Party to such proceeding will be entitled to a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property, and samewhich, if not already in their the non-subject Party’s possession, will be promptly delivered to them it (a) upon any such commencement of a bankruptcy proceeding upon their the non-subject Party’s written request therefortherefore, unless the party Party subject to such proceeding elects to continue continues to perform all of its obligations under this Agreement, Agreement or (b) if not delivered under subsection clause (a) above, following the rejection of this Agreement by or on behalf of the party Party subject to such proceeding upon written request therefor therefore by the non-subject partyParty.