and then any such liability or damages shall be limited to five thousand dollars ($5,000.00). Without limiting the generality of the foregoing, Pretzel Time shall not have liability with respect to any of the following, all of which are the sole responsibility of Franchisee: (1). if construction of the Unit does not fully satisfy the requirements (if any) of the landlord, the architect, the contractor, and any governmental agency having jurisdiction or does not fully satisfy the criteria established by Pretzel Time for construction and development of Pretzel Time Units; (2). if the Unit improvements are not structurally sound or free from defects or deficiencies; (3). if there are any construction delays or cost overruns; or (4). if there are any disputes with any landlord, contractor, subcontractor, architect, supplier or governmental agency with respect to any aspect of the design, construction, provision, or equipping of the Unit. 9. UNIT OPENING. 9.A. COMMENCEMENT OF OPERATIONS. Franchisee shall commence operation of the Franchise the earlier of: 1) one hundred fifty (150) days after the execution of this Agreement; (2) as specified in the lease for the Site; or (3) as otherwise required or approved in writing by Pretzel Time. Failure to open the Unit within the aforementioned time period shall result in the termination of this Franchise Agreement and all franchise fees paid by Franchisee shall be nonrefundable. Franchisee agrees not to open the Unit for business until the following has occurred: (1). Pretzel Time approves the Unit pursuant to its Pre-Opening Checklist; (2). Pre-opening training of Franchisee and Unit personnel has been completed to Pretzel Time's satisfaction; (3). The initial franchise fee and all other amounts then due to Pretzel Time have been paid in full; (4). Pretzel Time has been furnished with copies of all insurance policies required by this