GNC 2009 Annual Report Download - page 194

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
statements, comments or communications that criticize, ridicule or are derogatory to GNC or any of its Affiliates; provided, however, that the
terms of this Section 6.1(b) shall not apply to communications between the Executive and, as applicable, the Executive's attorneys or other
persons with whom communications would be subject to a claim of privilege existing under common law, statute or rule of procedure. The
Executive further agrees that the Executive will not in any way solicit any such statements, comments or communications from others.
(ii) GNC agrees that during the Employment Period or at any time thereafter, GNC will not make any statements, comments or
communications in any form, oral, written or electronic, to any Media or any Person, which would constitute libel, slander or
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