GNC 2014 Annual Report Download - page 107

9. 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).
10. Knowing and Voluntary Waiver. The Executive acknowledges that he: (a) has been afforded at least twenty-one
(21) days to review this Release and the opportunity to consult with legal counsel, and is signing this Release knowingly, voluntarily
and with his own free will, and with full understanding of its terms and effects; (b) has had answered to his satisfaction any questions
he has asked with regard to the meaning and significance of all the terms and conditions of the provisions of this Release and has not
relied on any statements or explanations made by any Releasee or their legal counsel; (c) voluntarily accepts the severance and other
payments and benefits to which he is entitled under this Release, for the purpose of making full and final settlement of all Claims
referred to in Section 4 of this Release and agreeing to abide by the terms and conditions contained in this Release (including, without
limitation, the covenants referenced in Section 5 of this Release); (d) he also understands that he has seven (7) days after his execution
of this Release to revoke this Release, and that this Release will not become effective, and he will not be entitled to the Separation
Benefits, if he exercises his right to revoke his signature within seven (7) days of his execution of this Release; and (e) he understands
that such revocation must be delivered in writing as provided in Section 11 below, in order for such revocation to be effective.
11. Effective Time of Release. The Executive may accept this Release by signing it and returning it to GNC as
follows: General Nutrition Centers, Inc., 300 Sixth Avenue, Pittsburgh, PA, 15222; Attention: Chief Human Resources Officer, within
twenty-one (21) days of his receipt of the same, which receipt occurred on November 6, 2014. 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 Daisy Vanderlinde, Chief Human Resources Officer at the address above (or by electronic mail delivery in “pdf” form to:
[e-mail] or by fax at [phone] by no later than 5:00 p.m. EST on the seventh (7th) day after the date
the Executive signs this Release. The effective date of this Release shall be the eighth (8th) day after the Executive signs this Release
(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, (a) he shall forfeit his right to receive any of the Separation Benefits, and to the extent such Separation Benefits have
already been provided, the Executive agrees that he will immediately reimburse the Company for the amounts of such payments and
benefits and (b) this Release, including GNC’s release of claims set forth in Section 7 of this Release, shall be immediately void and of
no further force and effect.
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