GNC 2011 Annual Report Download - page 193

obligation to the Participant under the Plan. In the event of the Participant's suicide during the first two (2) years in the Plan, or if the
Participant makes any material misstatement of information or non-disclosure of medical history, then no benefits shall be payable to
the Participant under the Plan, except that benefits may be payable in a reduced amount in the sole discretion of the Committee.
9.6 Receipt or Release. Any payment made in good faith to a Participant or the Participant's Beneficiary shall, to the
extent thereof, be in full satisfaction of all claims against the Committee, its members and the Company. The Committee may require
such Participant or Beneficiary, as a condition precedent to such payment, to execute a receipt and release to such effect.
9.7 Errors in Account Statements, Deferrals or Distributions. In the event an error is made in an Account statement,
such error shall be corrected on the next statement following the date such error is discovered. In the event of an error in deferral
amount, consistent with and as permitted by any correction procedures established under IRC Section 409A, the error shall be
corrected immediately upon discovery by, in the case of an excess deferral, distribution of the excess amount to the Participant, or, in
the case of an under deferral, reduction of other compensation payable to the Participant. In the event of an error in a distribution, the
over or under payment shall be corrected by payment to or collection from the Participant consistent with any correction procedures
established under IRC Section 409A, immediately upon the discovery of such error. In the event of an overpayment, the Company
may, at its discretion, offset other amounts payable to the Participant from the Company (including but not limited to salary, bonuses,
expense reimbursements, severance benefits or other employee compensation benefit arrangements, as allowed by law and subject to
compliance with IRC Section 409A) to recoup the amount of such overpayment(s).
9.8 Employment Not Guaranteed. Nothing contained in the Plan nor any action taken hereunder shall be construed as a
contract of employment or as giving any Participant any right to continue the provision of services in any capacity whatsoever to the
Company
9.9 Successors of the Company. The rights and obligations of the Company under the Plan shall inure to the benefit of,
and shall be binding upon, the successors and assigns of the Company.
9.10 Notice. Any notice or filing required or permitted to be given to the Company or the Participant under this
Agreement shall be sufficient if in writing and hand-delivered, or sent by registered or certified mail, in the case of the Company, to
the principal office of the Company, directed to the attention of the Committee, and in the case of the Participant, to the last known
address of the Participant indicated on the employment records of the Company. Such notice shall be deemed given as of the date of
delivery or, if delivery is made by mail, as of the date shown on the postmark on the receipt for registration or certification. Notices to
the Company may be permitted by electronic communication according to specifications established by the Committee.
9.11 Headings. Headings and subheadings in this Plan are inserted for convenience of reference only and are not to be
considered in the construction of the provisions hereof.
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