(d) Notwithstanding any other provision of this Agreement, no Severance Pay shall be due or payable unless and until Executive executes a release of claims (which release becomes effective and irrevocable within 60 days following Executives separation from service) in form and substance satisfactory to the Company (so long as the terms and conditions thereof are not in conflict with this Agreement and such form and substance reasonably represents market practice) (the Release). The Severance Pay due and payable hereunder, if any, shall be paid beginning on the first regular payroll date that occurs more than 60 days following Executives separation from service; provided, that any bonus payable pursuant to clause (D) of Section 5.2(c) shall be paid as and when other executive bonuses are payable for the fiscal year of termination but in no event later than the end of the year following the year in which the termination occurs; provided, further, that Awards and the Cash Bonus shall be payable (to the extent vested) pursuant to their terms.
6. Confidential Information. When used in this Agreement, Confidential Information shall mean any and all information of or pertaining to the Company or any of its affiliates or related parties or any of their respective past, prospective businesses, business plans, products, services, research development, operations, manufacturing or operating methods, know-how, personnel, assets, liabilities, properties, customers, vendors, suppliers, technology, hardware, marketing, pricing, strategies, research, development, financial condition, results of operations, projections, forecasts, budgets transactions, regulatory affairs, Intellectual Property, discoveries, inventions, methodologies, processes, software, specifications, designs, drawings, data, techniques, strategies, plans, prospects, know-how and ideas, including all information made available to Executive or observed or learned by Executive in connection with his employment hereunder or service on the Board (if applicable), as well as any information and materials that summarize, contain, are based on, are copied, derived or extracted from or otherwise reflect in whole or part any such information. Such term does not, however, include any such information that becomes or is already generally known to the public other than, directly or indirectly, as a result of disclosure by Executive.
Executive acknowledges that employment or continued employment by the Company or the Employing Entity will result in Executives exposure and access to Confidential Information. Except as required to perform Executives responsibilities for the Business, to comply with law or regulation, or as authorized in writing by the Company, Executive shall hold all Confidential Information in the strictest confidence and shall not, at any time during or after Executives employment, use, disclose, or take any action that may result in the use or disclosure of any Confidential Information until such time as such information is generally known to the public other than, directly or Indirectly, as a result of disclosure by Executive.
7. Property. Immediately upon request or the termination of Executives employment hereunder, whichever occurs first, Executive shall return to the Company and its affiliates all of their respective Confidential Information and other property, and all property of any third party that is in Executives possession or control by virtue of his employment or service on the Board (if applicable). Property to be returned shall include, without limitation, all such documents and things (whether in tangible or electronic format and whether or not containing any Confidential Information) in Executives possession or control, including all computer programs, files and diskettes, and all written or printed files, manuals, contracts, memoranda, forms, notes, records and charts.