negligence in the performance of his duties hereunder; (iii) breach of his duty of loyalty or care to Employer or any of its Affiliates; (iv) other misconduct that is materially detrimental to Employer or any of its Affiliates; (v) refusal or failure to perform the Executives duties or the deliberate and consistent refusal to conform to or follow any reasonable policy adopted by the Employer, in each case after receiving written notice describing his noncompliance and being given ten (10) business days to cure (to the extent curable) such non-compliance; (vi) breach of this Agreement or any other agreement with or for the benefit of Employer or any of its Affiliates to which the Executive is a party or by which the Executive is bound, which material breach is not cured (to the extent curable) within ten (10) business days following written notice from Employer; or (vii) Executives death or disability in which he cannot perform the essential functions of his job with or without a reasonable accommodation. (Employer will fund a life insurance/disability policy much like with prior offer to cover in event of death/disability.)
5. Nondisclosure of Confidential Information.
(a) Executive recognizes and acknowledges that the Employer and its Affiliates continually obtain and develop Confidential Information (defined below). During Executives employment and at all times thereafter, Executive will hold in strictest confidence and will not disclose, use, or publish any of the Confidential Information, except as such disclosure, use or publication may be required in connection with Executives work for the Employer. If at any time (including after termination of Executives employment with the Employer), a person, entity, governmental agency, or a court of competent jurisdiction requests or demands that Executive disclose Confidential Information, Executive will promptly notify the Employer, and will cooperate with the Employer or its Affiliates in their efforts to prevent or limit such disclosure. Disclosure of Confidential Information by Executive or by anyone else, whether done intentionally or inadvertently, will not affect Executives continuing obligations under this Agreement as to the disclosed Confidential Information.
(b) Confidential Information as used herein includes, but is not limited to, Employers trade secrets, proprietary information and confidential information which may include, but is not limited to, technical information, such as methods, processes, formulas, compositions, inventions, product development, product designs, computer programs, special hardware, product hardware, related software development, research projects, improvements, systems methods and other confidential technical data, and business information, such as sales, sales volume, sales methods, sales proposals, customers and prospective customers, identity of key purchasing personnel in the employ of customers and prospective customers, proposals, sales leads, profit margins, service reports, amount or kind of customers purchases from the Employer and/or the Affiliates, sources of supply, supply costs, system documentation, pricing data and policies (including general price lists and prices charged to specific customers), and business methods, marketing strategies, production or merchandising systems or plans. Executive agrees that this Confidential Information includes such information from the Affiliates provided to Executive as a result of Executives employment with the Employer.
6. Assignment of Intellectual Property. Except for those items specifically listed in Exhibit A attached hereto, Executive represents that Executive does not have any right, title or interest in, nor has Executive made or conceived wholly or in part prior to the execution of this Agreement any discovery, idea or invention. Executive shall disclose promptly to the Employer