Units; and (4) Franchisee will not make any material alterations to the Site or to the appearance of the Unit as originally developed, without prior approval in writing by Pretzel Time; and (5) Upon notice from Pretzel Time, Franchisee shall remodel and conform Franchisee's building design, Trade Dress, color schemes, and presentation of Marks to Pretzel Time's then current public image within a reasonable amount of time, which shall not exceed six (6) months. Such a remodeling may include extensive structural changes to the Unit fixtures and improvements as well as such other changes as Pretzel Time may direct and Franchisee shall undertake such a program promptly upon notice from Pretzel Time; provided the remodeling shall not be required until such time as Pretzel Time has commenced or completed a similar program in at least fifty percent (50%) of those Pretzel Time Units owned and operated by Pretzel Time. This requirement shall not apply in the event notice from Pretzel Time is received during the last year of the term hereof or the term of any agreement by virtue of which Franchisee occupies the Unit. In addition to Pretzel Time's rights to terminate this Agreement as set forth herein, if Franchisee does not maintain the condition and appearance of the Unit as herein required, Pretzel Time, may, upon not less than ten (10) days' written notice (or, in cases of health or sanitation hazards or other public endangerment, immediately on oral or written notice) to Franchisee: (i) arrange for the necessary cleaning or sanitation, repair, remodeling, upgrading, painting or decorating; or (ii) replace the necessary fixtures, furnishings, equipment, signs. If Franchisee fails or refuses to initiate within ten (10) days after receipt of a notice that the general state of repair, appearance, and cleanliness of your store does not meet