GNC 2009 Annual Report Download - page 206

8. Miscellaneous. This Release will be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania
without regard to the principles of conflicts of law. If any provision of this Release is held by a court of competent jurisdiction to be illegal, void or
unenforceable, such provision shall have no effect; however, the remaining provisions will be enforced to the maximum extent possible. The
parties acknowledge and agree that this Release constitutes the complete understanding between the parties with regard to the matters set
forth herein and, except as otherwise set forth herein, supersede any and all agreements, understandings, and discussions, whether written or
oral, between the parties. No other promises or agreements are binding unless in writing and signed by each of the parties after the Release
Effective Date (as defined below).
9. Knowing and Voluntary Waiver. The Executive acknowledges that he: (a) has carefully read this Release in its entirety; (b) has had an
opportunity to consider it for at least twenty-one (21) days; (c) is hereby advised by GNC in writing to consult with an attorney of his choosing in
connection with this Release; (d) fully understands the significance of all of the terms and conditions of this Release and has discussed them
with his independent legal counsel, or had a reasonable opportunity to do so; (e) has had answered to his satisfaction any questions he has
asked with regard to the meaning and significance of any of the provisions of this Release and has not relied on any statements or explanations
made by any Releasee or their counsel; (f) understands that he has seven (7) days in which to revoke this Release (as described in Section 10)
after signing it and (g) is signing this Release voluntarily and of his own free will and agrees to abide by all the terms and conditions contained
herein.
10. Effective Time of Release. The Executive may accept this Release by signing it and returning it to [NAME], General Nutrition Centers,
Inc., 300 Sixth Avenue, Pittsburgh, PA 15222, within twenty-one (21) days of his receipt of the same. After executing this Release, the
Executive will have seven (7) days (the "Revocation Period") to revoke this Release by indicating his desire to do so in writing delivered to
[NAME] at the address above (or by fax at [FAX NUMBER]) by no later than 5:00 p.m. EST on the seventh (7th) day after the date he signs this
Agreement. The effective date of this Agreement shall be the eight (8th) day after the Executive signs this Agreement (the "Release Effective
Date"). If the last day of the Revocation Period falls on a Saturday, Sunday or holiday, the last day of the Revocation Period will be deemed to
be the next business day. If the Executive does not execute this Release or exercises his right to revoke hereunder, he shall forfeit his right to
receive any of the Termination Benefits, and to the extent such Termination Benefits have already been provided, the Executive agrees that he
will immediately reimburse Centers for the amounts of such payment.
IN WITNESS WHEREOF, the Executive has duly executed this Release as of the date first set forth above.
EXECUTIVE:
Name: Joseph M. Fortunato
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