GNC 2009 Annual Report Download - page 192

Confidential Information by the Executive, directly or indirectly, shall not affect the protection and relief afforded by this Agreement regarding
such information.
(iii) Inclusions. Confidential Information includes, without limitation, the following information (including without limitation, compilations
or collections of information) relating or belonging to GNC or any of its Affiliates (as well as their clients, customers or vendors) and created,
prepared, accessed, used or reviewed by the Executive during or after the Employment Period: (1) product and manufacturing information,
such as ingredients, combinations of ingredients and manufacturing processes; (2) scientific and technical information, such as research and
development, tests and test results, formulae and formulations, studies and analysis; (3) financial and cost information, such as operating and
production costs, costs of goods sold, costs of supplies and manufacturing materials, non-public financial statements and reports, profit and
loss information, margin information and financial performance information; (4) customer related information, such as customer related
contracts, engagement and scope of work letters, proposals and presentations, customer related contacts, lists, identities and prospects,
practices, plans, histories, requirements and needs, price information and formulae and information concerning client or customer products,
services, businesses or equipment specifications; (5) vendor and supplier related information, such as the identities, practices, history or
services of any vendors or suppliers and vendor or supplier contacts; (6) sales, marketing and price information, such as marketing and sales
programs and related data, sales and marketing strategies and plans, sales and marketing procedures and processes, pricing methods,
practices and techniques and pricing schedules and lists; (7) database, software and other computer related information, such as computer
programs, data, compilations of information and records, software and computer files, presentation software and computer-stored or backed-up
information including, but not limited to, e-mails, databases, word processed documents, spreadsheets, notes, schedules, task lists, images and
video; (8) employee-related information, such as lists or directories identifying employees, representatives and contractors, and information
regarding the competencies (knowledge, skill, experience), compensation and needs of employees, representatives and contractors and
training methods; and (9) business and operation-related information, such as operating methods, procedures, techniques, practices and
processes, information about acquisitions, corporate or business opportunities, information about partners and potential investors, strategies,
projections and related documents, contracts and licenses and business records, files, equipment, notebooks, documents, memoranda, reports,
notes, sample books, correspondence, lists and other written and graphic business records.
(e) "Misappropriate", or any form thereof, means:
(i) the acquisition of any Confidential Information by a Person who knows or has reason to know that the Confidential Information was
acquired by theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or
other means (each, an "Improper Means"); or
(ii) the disclosure or use of any Confidential Information without the express consent of GNC or any of its Affiliates, as applicable, by a
Person who (A) used Improper Means to acquire knowledge of the Confidential Information, (B) at the time of disclosure or use, knew or had
reason to know that his or her knowledge of the Confidential 20