GNC 2008 Annual Report Download - page 271

Affiliates have made every effort to limit the restrictions placed upon the Executive to those that are reasonable and necessary to protect the legitimate
business interests of GNC and its Affiliates.
(b) The Executive acknowledges and agrees that the restrictive covenants set forth in this Agreement are reasonable and necessary in order to protect
the valid business interests of GNC and its Affiliates. It is the intention of the parties hereto that the covenants, provisions and agreements contained herein
shall be enforceable to the fullest extent allowed by law. If any covenant, provision or agreement contained herein is found by a court having jurisdiction to be
unreasonable in duration, scope or character of restrictions, or otherwise to be unenforceable, such covenant, provision or agreement shall not be rendered
unenforceable thereby, but rather the duration, scope or character of restrictions of such covenant, provision or agreement shall be deemed reduced or
modified with retroactive effect to render such covenant, provision or agreement reasonable or otherwise enforceable (as the case may be), and such covenant,
provision or agreement shall be enforced as modified. If the court having jurisdiction will not review the covenant, provision or agreement, the parties hereto
shall mutually agree to a revision having an effect as close as permitted by applicable law to the provision declared unenforceable. The parties hereto agree
that if a court having jurisdiction determines, despite the express intent of the parties hereto, that any portion of the covenants, provisions or agreements
contained herein are not enforceable, the remaining covenants, provisions and agreements herein shall be valid and enforceable. Moreover, to the extent that
any provision is declared unenforceable, GNC and its Affiliates shall have any and all rights under applicable statutes or common law to enforce its rights
with respect to any and all Confidential Information or unfair competition by the Executive.
6. Miscellaneous.
6.1 Public Statements.
(a) Media Nondisclosure. The Executive agrees that during the Employment Period or at any time thereafter, except as may be authorized in writing
by GNC, the Executive will not directly or indirectly disclose or release to the Media any information concerning or relating to any aspect of the Executive's
employment or termination from employment with Centers and any aspect of any dispute that is the subject of this Agreement. For the purposes of this
Agreement, the term "Media" includes, without limitation, any news organization, station, publication, show, website, web log (blog), bulletin board, chat
room or program (past, present or future), whether published through the means of print, radio, television or the Internet or otherwise, and any member,
representative, agent or employee of the same.
(b) Non-Disparagement.
(i) The Executive agrees that during the Employment Period or at any time thereafter, the Executive will not make any statements, comments or
communications in any form, oral, written or electronic to any Media or any customer, client or supplier of GNC or any of its Affiliates, which would
constitute libel, slander or disparagement of GNC or any of its Affiliates, including, without limitation, any such
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