• Operating certain stores for which Vitasalud had failed to sign and return franchise agreements.
• Operating certain stores for which the existing franchise term had expired without having executed renewal agreements permitting the continued operations of such stores.
• Relocating stores without signing and returning relocation addenda.
• Operating unapproved stores.
• Carrying hundreds of products that had not been approved or had been expressly disapproved by GNC.
• Using GNC proprietary marks on unapproved promotional materials.
See Exhibits 17 and 18.
In any litigation or arbitration between Franchisor and Franchisee relating to the Franchised Business or to this Agreement, the prevailing party shall be entitled to recover its reasonable costs and expenses, including attorneys’, arbitrators’, and related fees and court costs, from the prevailing party.
1. By on or before February 29, 2016, Vitasalud S.A. shall pay to General Nutrition Corporation the sum of $318,276.55 (THREE HUNDRED AND EIGHTEEN THOUSAND TWO HUNDRED AND SEVENTY SIX AND 55/100 UNITED STATES DOLLARS) for damages, attorneys’ fees and costs as a result of its contractual breaches.
2. The administrative fees of the International Centre for Dispute Resolution (ICDR) totaling $7,500.00 and the compensation of the Arbitrators totaling $13,252.04shall be borne by Vitasalud S.A.. Therefore, Vitasalud S.A. shall reimburse General Nutrition Corporation the sum of $20,752.04 representing that portion of said fees and expenses previously incurred by GNC.
3. This Award is in full settlement of all claims submitted to this Panel. All claims not expressly granted herein are hereby denied.
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