SET FORTH HEREIN, INCLUDING ANY STATEMENTS WITH RESPECT TO PRETZEL TIME, INC. PRETZEL TIME, INC. DOES NOT ENDORSE OR MAKE ANY RECOMMENDATION WITH RESPECT TO THE INVESTMENT CONTEMPLATED BY THIS OFFERING. Franchisee (and each of its Owners) agrees to indemnify, defend and hold harmless Pretzel Time, its parent company, subsidiaries, and Affiliates and their officers, directors, employees and agents from any and all claims, demands and liabilities, and all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred in defending against such claims, demands or liabilities, arising from the offer or sale of such securities, whether asserted by a purchaser of any such security or by a governmental agency. Pretzel Time shall have the right (but not the obligation) to defend any such claims, demands or liabilities and/or to participate in the defense of any action to which it is named as a party. 18. TERMINATION OF AGREEMENT BY FRANCHISEE. 18.A. FRANCHISEE'S RIGHT TO TERMINATE. If Franchisee is in substantial compliance with this Agreement and Pretzel Time substantially breaches a material provision of this Agreement and (1) fails to cure such breach within thirty (30) days after written notice thereof is delivered to Pretzel Time or (2) if such breach cannot reasonably be cured within thirty (30) days after Pretzel Time's receipt of such notice, undertake (within thirty (30) days after Pretzel Time's receipt of such notice and continue until completion), reasonable efforts to cure such breach, Franchisee may terminate this Agreement. Such termination shall be effective ten (10) days after delivery to Pretzel Time of notice that such breach has not been cured and Franchisee elects to terminate this Agreement. A termination of this Agreement by Franchisee for any reason other than a substantial breach of a material provision of this Agreement by Pretzel Time, and Pretzel Time's