GNC 2010 Annual Report Download - page 225

6.8 Representation by Counsel; Independent Judgment. Each of the parties hereto acknowledges that (a) it or the Executive has read
this Agreement in its entirety and understands all of its terms and conditions, (b) it or the Executive has had the opportunity to consult with any
individuals of its or the Executive's choice regarding its or the Executive's agreement to the provisions contained herein, including legal counsel
of its or the Executive's choice, and any decision not to was the Executive's or its alone and (c) it or the Executive is entering into this
Agreement of its or the Executive's own free will, without coercion from any source, based upon its or the Executive's own independent
judgment.
6.9 Interpretation. The parties and their respective legal counsel actively participated in the negotiation and drafting of this Agreement, and
in the event of any ambiguity or mistake herein, or any dispute among the parties with respect to the provisions hereto, no provision of this
Agreement shall be construed unfavorably against any of the parties on the ground that the Executive, it, or the Executive's or its counsel was
the drafter thereof.
6.10 Survival. The provisions of Sections 4.3(e), 5 and 6 hereof shall survive the termination of this Agreement.
6.11 Notices. All notices and communications hereunder shall be in writing and shall be deemed properly given and effective when
received, if sent by facsimile or telecopy, or by postage prepaid by registered or certified mail, return receipt requested, or by other delivery
service which provides evidence of delivery, as follows:
If to the Company, to:
General Nutrition Centers, Inc.
300 Sixth Avenue
Pittsburgh, PA 15222
Attention: Chief Executive Officer
If to the Executive, to:
Gerald J. Stubenhofer. Jr.
at the most recent address of the
Executive on file with the Company
or to such other address as one party may provide in writing to the other party from time to time.
6.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of
which together shall constitute one and the same instrument. Facsimile transmission of any signed original document or retransmission of any
signed facsimile transmission will be deemed the same as delivery of an original. At the request of any party, the parties will confirm facsimile
transmission by signing a duplicate original document.
6.13 Captions. Paragraph headings are for convenience only and shall not be considered a part of this Agreement.
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