in conjunction with the operation of Pretzel Time Units. The distinguishing characteristics of the Pretzel Time System include, but are not limited to, the following: (a) The Pretzel Time trade name and in combination with other commercial symbols owned by Pretzel Time with a color scheme pattern, Unit design, insignia, slogans, coordinating Pretzel Time's overall operation, retail facilities, advertising, training, and other related matters; (b) A developed marketing concept and uniform procedure for the operation of a Pretzel Time Unit, including stylized designs and display facilities to provide the highest quality of Pretzel Time pretzels, soft beverages, toppings and other Pretzel Time-approved products; and (c) Rules of operation and a procedure for operating and training Franchisees, managers and employees. Franchisee recognizes the benefits to be derived from being identified with and licensed by Pretzel Time, and being able to utilize the Pretzel Time System of retailing Pretzel Time Products and related products, service and trademarks which Pretzel Time makes available to its Franchisees. Franchisee has applied for a franchise to operate a Pretzel Time Unit at the Site (defined below). Franchisee's application and the Site have been approved by Pretzel Time in reliance upon all of the representations made in such application and the Franchisee's Acknowledgments and Representations Statement, a copy of which is attached hereto as Exhibit A, which shall be executed by Franchisee concurrently with this Agreement. Franchisee desires to operate a Pretzel Time Franchise pursuant to the provisions hereof and at the Site specified herein, and Franchisee has had a full and adequate opportunity to be thoroughly advised of the terms and conditions of this Franchise Agreement by legal counsel of its own choosing. 1.B. DEFINITIONS. For purposes of this Agreement, the terms listed below have the following meanings: Other terms used in this Agreement are defined