Common use of Rights in Bankruptcy Clause in Contracts

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca or Targacept are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues to perform all 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 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 AstraZeneca or Targacept either party to the other party are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (iib) if not delivered under clause subsection (ia) 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 AstraZeneca TOTAL or Targacept AMYRIS are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that Each of the Parties, as licensees a licensee of such rights under this Agreement, shall retain and may fully exercise all of their its respective rights and elections under the United States U.S. Bankruptcy Code. The Parties further agree that, in In the event of the commencement of a bankruptcy proceeding by or against either a Party under the United States U.S. Bankruptcy Code, then the other Party hereto that (which is not a Party to such proceeding 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, whichand same, if not already in the non-subject such other Party’s possession, shall be promptly delivered by the Party to it such other Party (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s its written request therefor, unless the Party subject to such proceeding continues elects to continue, and thereafter continues, to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca INS or Targacept ViroPharma are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon following any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca LICR or Targacept KaloBios are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that is not a Party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (iib) if not delivered under clause (ic) 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 AstraZeneca or Targacept are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees each Party that is a licensee of such rights under this Agreement, Agreement shall retain and may fully exercise all of their its rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that which is not a Party to such proceeding 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, whichand same, if not already in the non-subject Party’s their possession, shall be promptly be, within ten (10) days of the commencement of such proceeding, delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefortherefore, unless the Party subject to such proceeding continues (or a trustee on behalf of the subject Party) elects to continue to perform all of its their obligations under this Agreement or (ii) if not delivered under clause (i) above, following upon the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon written request therefor therefore by the non-subject Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca Aventis or Targacept are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that is not a Party party to such proceeding 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, whichand same, if not already in the non-subject Party’s their possession, shall be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all 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 the Party subject to such proceeding upon written request therefor by the an non-subject Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca Roche or Targacept Emisphere are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca or Targacept SGX and Roche are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding shall 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, which, if not already in the non-subject Party’s 's possession, shall will be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s 's written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca ABX or Targacept AZ are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca Licensee or Targacept GPC Biotech are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca Servier or Targacept XOMA are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 101(34A) of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that is not a Party party to such proceeding 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), whichand same, if not already in the non-subject Party’s their possession, shall be promptly delivered to it them (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefortherefore, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement Agreement, or (iib) if not delivered or granted under clause (ia) above, following the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon written request therefor therefore by the non-subject Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca or Targacept SGX and Lilly are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding shall 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, which, if not already in the non-subject Party’s 's possession, shall will be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s 's written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca or Targacept are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding shall 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, which, if not already in the non-subject Party’s possession, shall will be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca the JV, BMS or Targacept Gilead are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the PartiesJV, BMS and Gilead, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against the JV or either Member Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s their possession, shall be promptly delivered to it them (ia) upon any such commencement of a bankruptcy proceeding upon the a non-subject Party’s written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) above, following the rejection of this Agreement by or on behalf of the 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 AstraZeneca Lupin or Targacept Salix are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon following any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca Ocera or Targacept Kureha are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca or Targacept the Parties are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy CodeCode except as may otherwise be required by any provision under Danish insolvency Laws. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States Bankruptcy CodeCode to the extent not otherwise mandatorily provided for under Danish insolvency Laws. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against either a Party under the United States Bankruptcy Code, or commencement of insolvency proceeding by or against a Party under the Danish Bankruptcy Act as the case may be, the Party hereto that is not a Party to such proceeding shall 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, which, if not already in the non-subject Party’s possession, shall will be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefortherefore, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) above, following the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon written request therefor therefore by the non-subject Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca CoTherix or Targacept Asahi are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (iib) if not delivered under clause (ia) 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 Partyparty.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca or Targacept either Party are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that is not a Party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefortherefore, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) above, following the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon written request therefor therefore by the non-subject Party.

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

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca deCODE, Medarex or Targacept Genmab are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s Party's(ies') possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s Party's(ies') written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 PartyParty(ies).

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca Lupin or Targacept Salix are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon following any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca or Targacept either party to the other party are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that is not a Party party to such proceeding shall 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 […***…], whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (iib) if not delivered under clause subsection (ia) 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 AstraZeneca Forest or Targacept Replidyne are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca ETC or Targacept SULPHCO are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “"intellectual property” " as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that which is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca Medarex, Genmab or Targacept deCODE are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either any Party under the United States Bankruptcy Code, the Party Parties hereto that is are not a Party to such proceeding 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, which, if not already in the non-subject Party’s Party's(ies') possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s Party's(ies') written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 PartyParty(ies).

Rights in Bankruptcy. All rights and licenses granted under or pursuant -------------------- to this Agreement by AstraZeneca or Targacept the Parties are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Partiesthat, as licensees of such rights under this Agreement, each shall retain and may fully exercise all of their rights and elections under the United States U.S. Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against either Party AHP or Immunex under the United States U.S. Bankruptcy Code, the Party hereto that which is not a Party to such proceeding 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, whichand the same, if not already in the non-subject Party’s its possession, shall be promptly delivered to it (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s its written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement or (ii) if not delivered under clause (i) above, following upon the rejection of this Agreement by or on behalf of the Party subject to such proceeding upon written request therefor by the any non-subject insolvent Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by AstraZeneca Amylin or Targacept Nastech are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesthey, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that is not a Party party to such proceeding shall 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, which, and if such items are not already in the non-possession of the party that is not subject Party’s possessionto such proceeding, shall will be promptly delivered to it the non-subject party (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s its written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (iib) if not delivered under clause (ia) 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 AstraZeneca ISIS or Targacept ATL are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties parties agree that the Partiesparties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party party hereto that which is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca Yakult or Targacept GPC Biotech are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code or applicable bankruptcy laws outside the United States Bankruptcy CodeStates. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall retain and may fully exercise all of their rights and elections under the United States Bankruptcy Codesuch bankruptcy laws. The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against either Party under the United States Bankruptcy Codesuch bankruptcy laws, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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 AstraZeneca Isis or Targacept Celera are, and shall will otherwise be deemed to be, for purposes of Section 365(n) of the United States U.S. Bankruptcy Code, licenses of right to “"intellectual property” " as defined under Section 101 of the United States U.S. Bankruptcy Code. The Parties agree that the Parties, as licensees of such rights under this Agreement, shall will retain and may fully exercise all of their rights and elections under the United States 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 United States U.S. Bankruptcy Code, the Party hereto that which is not a Party party to such proceeding shall 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, whichand same, if not already in the non-subject Party’s their possession, shall will be promptly delivered to it them (i) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s their written request therefor, unless the Party subject to such proceeding continues elects to continue to perform all of its obligations under this Agreement Agreement, or (ii) if not delivered under clause (i) 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 AstraZeneca or Targacept Licensors are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 of the United States Bankruptcy Code. The Parties agree that the PartiesMerck, as licensees licensee of such rights under this Agreement, shall retain and may fully exercise all of their 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 against either a Party under the United States Bankruptcy Code, the Party hereto that is not a Party to such proceeding 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, which, if not already in the non-subject Party’s possession, shall be promptly delivered to it (ia) upon any such commencement of a bankruptcy proceeding upon the non-subject Party’s written request therefor, unless the Party subject to such proceeding continues to perform all of its obligations under this Agreement or (iib) if not delivered under clause (ia) 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.