Page:United States Statutes at Large Volume 102 Part 3.djvu/587

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-506—OCT. 18, 1988

102 STAT. 2539

"(2) If the licensee elects to retain its rights, as described in paragraph (1)(B) of this subsection, under such contract— "(A) the trustee shall allow the licensee to exercise such rights; "(B) the licensee shall make all royalty payments due under such contract for the duration of such contract and for any period described in paragraph (1)(B) of this subsection for which the licensee extends such contract; and "(C) the licensee shall be deemed to waive— "(i) any right of setoff it may have with respect to such contract under this title or applicable nonbankruptcy law; and "(ii) any claim allowable under section 503(b) of this title arising from the performance of such contract. "(3) If the licensee elects to retain its rights, as described in paragraph (1)(B) of this subsection, then on the written request of the licensee the trustee shall— "(A) to the extent provided in such contract, or any agreement supplementary to such contract, provide to the licensee any intellectual property (including such embodiment) held by the trustee; and "(B) not interfere with the rights of the licensee as provided in such contract, or any agreement supplementary to such contract, to such intellectual property (including such embodiment) including any right to obtain such intellectual property (or such embodiment) from another entity. "(4) Unless and until the trustee rejects such contract, on the written request of the licensee the trustee shall— "(A) to the extent provided in such contract or any agreement supplementary to such contract— "(i) perform such contract; or "(ii) provide to the licensee such intellectual property (including any embodiment of such intellectual property to the extent protected by applicable nonbankruptcy law) held by the trustee; and "(B) not interfere with the rights of the licensee as provided in such contract, or any agreement supplementary to such contract, to such intellectual property (including such embodiment), including any right to obtain such intellectual property (or such embodiment) from another entity.". SEC. 2. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.

(a) EFFECTIVE DATE.—Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

11 USC 101 note.