the Marks (defined below). Pretzel Time has developed and perfected a System for providing to the public, at retail, in an efficient manner, a variety of distinctive, hand-rolled soft pretzels, pretzel-related products (such as pretzel dogs), beverages, and complimentary pretzel toppings. These Products and services which comprise a part of the Pretzel Time System are delineated and set forth in detail in the Pretzel Time Operations Manual (hereinafter "Operations Manual"). These Pretzel Time Units, which may include stores, carts, and kiosks, are known as "Pretzel Time Units". Franchisee acknowledges and agrees that Pretzel Time has expended a considerable amount of time and effort in developing and refining the recipes for, the methods of preparation of, the Products. Pretzel Time may from time to time modify such recipes and methods of preparation, which may include requiring Franchisee to prepare pretzels and other Products from scratch mixes and to purchase prepared food products from Pretzel Time or an approved Pretzel Time Affiliate. Pretzel Time and its Affiliates currently operate and will continue to operate Pretzel Time Units offering and selling the Products. Pretzel Time franchises others to operate Pretzel Time Units and other outlets offering and selling the Products. Pretzel Time owns, uses, promotes and franchises certain trade names, trademarks, service marks and other commercial symbols, including the trade and service marks, "Pretzel Time" and associated logos, which have gained and continue to gain public acceptance and goodwill, and may hereafter create, use and franchise additional trademarks, service marks and commercial symbols 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,