GNC 2008 Annual Report Download - page 246

on the ground that the Executive, it, or the Executive's or its counsel was the drafter thereof. As used in this Agreement, unless the context otherwise requires:
(a) the terms defined herein shall have the meanings set forth herein for all purposes; (b) references to "Section" are to a section hereof; (c) "include,"
"includes," and "including" are deemed to be followed by "without limitation" whether or not they are in fact followed by such words or words of like import;
(d) "hereof," "herein," "hereunder," and comparable terms refer to the entirety of this Agreement and not to any particular section or other subdivision hereof
or exhibit hereto; (e) references to any gender include references to all genders; (f) references to any agreement or other instrument or statute or regulation are
referred to as amended or supplemented from time to time (and, in the case of a statute or regulation, to any successor provision); and (g) the word "or" shall
be deemed to mean "and/or" unless the context clearly indicates otherwise.
6.9 Notices. All notices and communications hereunder shall be in writing and shall be deemed properly given and effective when delivered or when
mailed if such mailing is by United States registered or certified mail, return receipt requested, postage prepaid, or by other delivery service which provides
evidence of delivery, as follows:
If to Centers or Holdings, to:
General Nutrition Centers, Inc.
300 Sixth Avenue
Pittsburgh, PA 15222
Attention: General Counsel
with copies (which shall not constitute notice) to each of the following:
c/o Ares Corporate Opportunities Fund II, L.P.
1999 Avenue of the Stars
Los Angeles, California 90067
Facsimile: 310-210-4170
Attention: David Kaplan
and
c/o Ontario Teachers' Pension Plan Board
5650 Yonge Street
Toronto, Ontario
M2M 4H5
Facsimile: 416-730-5082
Attention: Lee Sienna
With a copy by Facsimile to: 416-730-3771
Attention: Legal Department
and
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