6.3 Non-Disparagement. During the Term and thereafter, Executive agrees that he will not, at any time, make, directly or indirectly, any oral or written statements that are disparaging of the Company, its business, its products or services, or any of its present or former officers, directors, members, stockholders, managers or employees.
6.4 Reasonable Limitation and Severability. The parties agree that the above restrictions on competition are (i) appropriate and reasonable given Executives role with and knowledge of the Company, and are necessary to protect the interests of the Company and (ii) completely severable and independent agreements supported by good and valuable consideration and, as such, shall survive the termination of this Agreement for any reason whatsoever. Executive acknowledges that Executive has carefully considered the terms of this Agreement, including the restrictive covenants set forth in this Section 6, and acknowledges that if this Agreement is enforced according to its terms, Executive will be able to earn a reasonable living in commercial activities unrelated to the business of the Company in locations satisfactory to Executive. Executive also acknowledges that the restrictive covenants set forth in this Section 6 are a vital part of and are intrinsic to the ongoing operations of the Company, in light of the nature of the business of the Company and the unique position, skills and knowledge of Executive with the Company. The parties further agree that any invalidity or unenforceability of any one or more of such restrictions on competition shall not rentier invalid or unenforceable any remaining restrictions on competition. Additionally, should a court of competent jurisdiction determine that the scope of any provision of this Section 6 is too broad to be enforced as written, the parties hereby authorize the court to reform the provision to such narrower scope as it determines to be reasonable and enforceable and the parties intend that the affected provision be enforced as so amended. Executive acknowledges and agrees that to the extent Executive has breached or is in breach of any of the covenants set forth in Sections 6.1 or 6.2, the Restricted Period shall be extended by an amount of time equal to the duration of such breach.
6.5 Confidential Information. Executive acknowledges and agrees that the customers, business connections, customer lists, procedures, operations, techniques and other aspects of and information about the business of the Company (the Confidential Information) are established at great expense and protected as confidential information and provide the Company with a substantial competitive advantage in conducting its business. Executive further acknowledges and agrees that by virtue of his employment with the Company, he has had access to and will have access to, and has been entrusted with and will be entrusted with Confidential Information, and that the Company would suffer great loss and injury if Executive would disclose this information or use it in a manner not specifically authorized by the Company. Therefore, Executive agrees that during the Term, and at all times thereafter, he will not, directly or indirectly, either individually or as an employee, agent, partner, shareholder, owner trustee, beneficiary, co-venturer distributor, consultant or in any other capacity, use or disclose or cause to be used or disclosed any Confidential Information, unless and to the extent that any such information becomes generally known to and available for use by the public other than as a result of Executives acts or omissions. Executive shall deliver to the Company at the termination of the Term, or at any other time the Company may request, all memoranda, notes, plans, records, reports, computer discs, flash drives, printouts and software and other documents and data (and copies thereof) in any media form relating to the Confidential Information, Work Product (as defined below) or the business of the Company which he may then possess or have under his control. Executive acknowledges and agrees that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports and all similar or related information (whether or not patentable) that relate to the Companys actual or anticipated business research and development or existing or future products or services and that are conceived, developed or made by the Executive while employed by the Company (Work Product) belong to the Company.