GNC 2010 Annual Report Download - page 221

Company 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 the Company, 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 the Company and/or 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 and/or program (past, present and/or future), whether published
through the means of print, radio, television and/or the Internet or otherwise, and any member, representative, agent and/or employee of the
same.
(b) Non-Disparagement. 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 the
Company or any of its Affiliates, which would constitute libel, slander or disparagement of the Company or any of its Affiliates, including, without
limitation, any such statements, comments or communications that criticize, ridicule or are derogatory to the Company 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.
6.2 ARBITRATION. SUBJECT TO THE RIGHTS UNDER SECTION 6.3 HEREOF TO SEEK INJUNCTIVE OR OTHER EQUITABLE
RELIEF, AND SUBJECT FURTHER TO THE RIGHT OF THE COMPANY TO OPT OUT OF ARBITRATION AS STATED IN SECTION 6.2(B)
HEREOF, BINDING ARBITRATION SHALL BE THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES, CLAIMS OR
CONTROVERSIES, WHETHER STATUTORY, CONTRACTUAL OR OTHERWISE, BETWEEN THE PARTIES HERETO ARISING UNDER
OR RELATING TO THIS AGREEMENT OR THE EXECUTIVE'S EMPLOYMENT BY OR TERMINATION FROM THE COMPANY
(INCLUDING, BUT NOT LIMITED TO, THE AMOUNT OF DAMAGES, OR THE CALCULATION OF ANY BONUS OR OTHER AMOUNT OR
BENEFIT DUE) (COLLECTIVELY, "DISPUTES"). THE PARTIES EACH WAIVE THE RIGHT TO A JURY TRIAL AND WAIVE THE RIGHT
TO ADJUDICATE THEIR DISPUTES UNDER THIS AGREEMENT OUTSIDE THE ARBITRATION FORUM PROVIDED FOR IN THIS
AGREEMENT, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.
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