(g)Notwithstanding the prior provisions of this Section 5, in the event that (i) the Executive is not a Specified Employee, then the Company shall pay to the Executive the Severance Payment within forty-five (45) days from the Termination Date and the six (6) month delay for reimbursements shall cease to apply, or (ii) the Executive is a Specified Employee and the death of the Executive occurs within six (6) months following the Termination Date, the Company shall pay to the Executive's estate any unpaid portion of the amounts due to be paid to the Executive pursuant to this Section 5 within forty-five (45) days following the Executive's death. If the Executive's estate or legal representative fails to notify the Company of the death of the Executive such that the Company is unable to make timely payment hereunder, then the Company shall not be treated as in breach of this Agreement and shall not be liable to the estate or legal representative for any losses, damages, or other claims resulting from such late payment.
(h)Notwithstanding anything contained in this Agreement to the contrary, the Executive shall not be entitled to any payments under this Section 5 unless the Executive has first duly and timely executed (and not revoked) the form of mutual agreement and general release acceptable to the Company releasing both the Company and the Executive from certain claims the other party may have in connection with the Executive's employment with the Company and the termination thereof, to the extent permitted by law.
6.Confidential Information; Return of Property; Inventions.
6.1Unless the Executive secures the Company's written consent, the Executive will not, during the Employment Period and for an unlimited period of time thereafter, disclose, use, disseminate, lecture upon, or publish Confidential Information, whether or not such Confidential Information was developed by the Executive.
6.2"Confidential Information" means information disclosed to the Executive or known by the Executive as a result of the Executive's employment with the Company, not generally known in the industry, about the Company's and/or its affiliates' services, products, or customers, including, but not limited to, clinical programs, procedures and protocols, research, operating manuals, business methods, financial strategic planning, client retention, customer and supplier lists, data processing, insurance plans, risk management, marketing, contracting, selling and employees, as well as all protected health information, as defined by the Health Insurance Portability and Accountability Act of 1996, as amended ("PHI").
6.3The Executive agrees to preserve for the Company's exclusive use and deliver to the Company at the termination of the Executive's employment, or at any other time the Company may request, all equipment and property (including, without limitation, tools, computers, mobile communication devices and furniture) and all memoranda, data, notes, plans, records, reports and other documents, whether in electronic, written or other form (and copies thereof), relating to the business of the Company, including, without limitation, PHI, that the Executive may then possess or have under the Executive's control.
6.4Limits on Confidentiality Requirements.
(a)Nothing in this Agreement is intended to discourage or restrict the Executive from communicating with, or making a report with, any governmental authority