otherwise and whether on the Companys premises or otherwise) that relate to any of the Constituent Companies businesses or properties, products or services (including all such information relating to corporate opportunities, operations, future plans, methods of doing business, business plans, strategies for developing business and market share, research, financial and sales data, pricing terms, evaluations, opinions, interpretations, acquisition prospects, the identity of customers or acquisition targets or their requirements, the identity of key contacts within customers organizations or within the organization of acquisition prospects, or marketing and merchandising techniques, prospective names and marks) is defined as Confidential Information. Moreover, all documents, videotapes, written presentations, brochures, drawings, memoranda, notes, records, files, correspondence, manuals, models, specifications, computer programs, e-mail, voice mail, electronic databases, maps, drawings, architectural renditions, models and all other writings or materials of any type including or embodying any of such information, ideas, concepts, improvements, discoveries, inventions and other similar forms of expression are and shall be the sole and exclusive property of the Company or another applicable Constituent Company and be subject to the same restrictions on disclosure applicable to all Confidential Information pursuant to this Agreement. For purposes of this Agreement, Confidential Information shall not include any information that (i) is or becomes generally available to the public other than as a result of a disclosure or wrongful act of Executive or any of Executives agents; (ii) was available to Executive on a non-confidential basis before its disclosure by a Constituent Company; (iii) becomes available to Executive on a non-confidential basis from a source other than a Constituent Company; or (iv) Executive receives solely in connection with serving on the board of directors (or similar governing body) of the entities set forth on Exhibit B; provided, however, that such source is not bound by a confidentiality agreement with, or other obligation with respect to confidentiality to, any Constituent Company. Further, nothing in this Section 5 will prevent Executive from engaging in any of the activities referenced in Section 8(h) below.
6. Covenant Not to Compete or Solicit.
(a) In consideration of, and as a condition of, Executives employment hereunder and receipt of, and access to, Confidential Information, Executive agrees to the provisions of this Section 6. Executive expressly agrees that, during the Employment Period and until the date that is two years after the date that Executive is no longer employed by any Constituent Company (or any of their successors), regardless of the reason that Executives employment terminates, Executive will not, directly or indirectly, without the express written consent of the Board except when and as requested to do in and about the performance of Executives duties for a Constituent Company (or its successor):
(i) own, manage, operate, control or participate in the ownership, management, operation or control of, or have any interest, financial or otherwise, in or act as an officer, director, partner, principal, member, manager, shareholder, employee, agent, representative, consultant or independent contractor of, or in any way assist any person or entity in the conduct of, any business located in or doing business in the Restricted Area (as defined below) that is engaged in any business competitive to, or is the same as or similar to, any business engaged in by a Constituent Company during the term of Executives employment by any