GNC 2010 Annual Report Download - page 220

(g) "Restricted Period" means the longer of (i) twelve (12) months after the date of termination of employment (the Executive's last day of
work for the Company) or (ii) the period during which the Executive is receiving payments from the Company pursuant to Section 4 hereof.
(h) "Work Product" means all patents and patent applications, all inventions, innovations, improvements, developments, methods,
designs, analyses, drawings, reports, creative works, discoveries, software, computer programs, modifications, enhancements, know-how,
formulations, concepts and ideas, and all similar or related information (in each case whether or not patentable), all copyrights and
copyrightable works, all trade secrets, confidential information, and all other intellectual property and intellectual property rights that are
conceived, reduced to practice, developed or made by the Executive either alone or with others in the course of employment with the Company
(including employment prior to the date of this Agreement).
5.5 Remedies. Because the Executive's services are unique and because the Executive has access to Confidential Information, the
Executive acknowledges and agrees that if the Executive breaches any of the provisions of Section 5 hereof, the Company may suffer
immediate and irreparable harm for which monetary damages alone will not be a sufficient remedy. The restrictive covenants stated in
Section 5 hereof are without prejudice to the Company's rights and causes of action at law.
5.6 Interpretation: Severability.
(a) The Executive has carefully considered the possible effects on the Executive of the covenants not to compete, the confidentiality
provisions and the other obligations contained in this Agreement, and the Executive recognizes that the Company has made every effort to limit
the restrictions placed upon the Executive to those that are reasonable and necessary to protect the Company's legitimate business interests.
(b) The Executive acknowledges and agrees that the restrictive covenants set forth in this Agreement are reasonable and necessary in
order to protect the Company's valid business interests. 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, the 17