Common use of Rights in Bankruptcy Clause in Contracts

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

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL the JV, BMS or AMYRIS 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 right to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the PartiesJV, BMS and Gilead, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a the JV or either Member Party under the U.S. United States Bankruptcy Code, then the other Party (which 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 licensed to such other Party under this Agreement and all embodiments of such intellectual property, and samewhich, if not already in such other Party’s their possession, shall be promptly delivered by the Party to such other Party them (ia) upon any such commencement of a bankruptcy proceeding upon its a non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, 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 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 TOTAL INS or AMYRIS ViroPharma 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 right rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that is not a Party 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon following any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL ABX or AMYRIS 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 right rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that is not a Party 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL Servier or AMYRIS XOMA are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right rights to “intellectual property” as defined under Section 101 101(34A) of the U.S. Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a either Party under the U.S. Bankruptcy Code, then the other Party (which hereto that is not a Party 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 propertyproperty (including all Information related to such intellectual property and rights of reference with respect to Regulatory Approvals), and same, if not already in such other Party’s their possession, shall be promptly delivered by the Party to such other Party them (ia) upon any such commencement of a bankruptcy proceeding upon its their written request therefortherefore, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues to perform all of its obligations under this Agreement, or (iib) if not delivered or granted under (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 TOTAL Licensee or AMYRIS 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 right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a either Party under the U.S. Bankruptcy Code, then the other Party (which hereto that 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continue to perform all of its obligations under this Agreement, Agreement or (iib) if not delivered under (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 TOTAL or AMYRIS 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 right rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the PartiesMerck, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its respective rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL Lupin or AMYRIS 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 right rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that is not a Party 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon following any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL Lupin or AMYRIS 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 right rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that is not a Party party to such proceeding) 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 licensed to such other Party under this Agreement and all embodiments of such intellectual property, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon following any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL Medarex, Genmab or AMYRIS 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 right rights to “"intellectual property” " as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a any Party under the U.S. United States Bankruptcy Code, then the other Party (which is Parties hereto are 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, and samewhich, if not already in such other Party’s the non-subject Party's(ies') possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party's(ies') written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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(ies).

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL CoTherix or AMYRIS Asahi are, and will shall otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a either Party under the U.S. Bankruptcy Code, then the other Party (which hereto that 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continue to perform all of its obligations under this Agreement, or (iib) if not delivered under (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 TOTAL Yakult or AMYRIS 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 right to “intellectual property” as defined under Section 101 of the U.S. Bankruptcy CodeCode or applicable bankruptcy laws outside the United States. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. Bankruptcy Codesuch bankruptcy laws. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a either Party under such bankruptcy laws, the U.S. Bankruptcy Code, then the other Party (which hereto that 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continue to perform all of its obligations under this Agreement, Agreement or (iib) if not delivered under (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 TOTAL or AMYRIS Epirus 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 right to “intellectual property” as defined under Section 101 91 of the U.S. United States Bankruptcy CodeCode or any applicable foreign equivalent thereof. Each of the PartiesThe Parties agree that Ranbaxy, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its respective rights and elections under the U.S. United States Bankruptcy CodeCode or any applicable foreign equivalent thereof. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a either Party under the U.S. United States Bankruptcy Code, then the other Party (which that is not a Party 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL Amylin or AMYRIS Nastech are, and will otherwise be deemed to be, for purposes of Section 365(n) of the U.S. Bankruptcy Code, licenses of right rights to “"intellectual property” " as defined under Section 101 of the U.S. Bankruptcy Code. Each of the PartiesThe parties agree that they, as a licensee licensees of such rights under this Agreement, shall will retain and may fully exercise all of its respective their rights and elections under the U.S. Bankruptcy Code. In The parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party either party under the U.S. Bankruptcy Code, then the other Party (which party hereto that is not a Party party to such proceeding) shall proceeding will 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 such items are not already in the possession of the party that is not subject to such other Party’s possessionproceeding, shall will be promptly delivered by to the Party to such other Party non-subject party (ia) upon any such commencement of a bankruptcy proceeding upon its written request therefor, unless the Party party subject to such proceeding elects to continue, and thereafter continues, 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 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 TOTAL Napo or AMYRIS 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 right rights to “intellectual property” as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that is not a Party 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, and samewhich, if not already in such other the non-subject Party’s possession, shall be promptly delivered by the Party to such other Party it (ia) upon following any such commencement of a bankruptcy proceeding upon its the non-subject Party’s written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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 Party.

Rights in Bankruptcy. All rights and licenses granted under or pursuant to this Agreement by TOTAL deCODE, Medarex or AMYRIS 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 right rights to “"intellectual property” " as defined under Section 101 of the U.S. United States Bankruptcy Code. Each of The Parties agree that the Parties, as a licensee licensees of such rights under this Agreement, shall retain and may fully exercise all of its respective their rights and elections under the U.S. United States Bankruptcy Code. In The Parties further agree that, in the event of the commencement of a bankruptcy proceeding by or against a Party under the U.S. United States Bankruptcy Code, then the other Party (which hereto that 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, and samewhich, if not already in such other Party’s the non-subject Party's(ies') possession, shall be promptly delivered by the Party to such other Party it (ia) upon any such commencement of a bankruptcy proceeding upon its the non-subject Party's(ies') written request therefor, unless the Party subject to such proceeding elects to continue, and thereafter continues, continues 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(ies).