subsequent to and notwithstanding the expiration or termination of this Agreement. Pretzel Time shall notify Franchisee of any claims and Franchisee shall be given the opportunity to assume the defense of the matter. If Franchisee fails to assume the defense within three (3) days of notice thereof, Pretzel Time may defend the action in the manner reasonably appropriate, and Franchisee shall pay to Pretzel Time all reasonable costs, including without limitation attorney's fees, court costs, expert witness fees, travel and telephone expenses, incurred by Pretzel Time in effecting such defense, in addition to any such sum which Pretzel Time may pay by reason of any settlement agreed to by the parties or reasonably negotiated by Pretzel Time in the event Franchisee fails to assume the defense, or judgment against Pretzel Time. 21.E. INDEPENDENT CONTRACTOR. It is understood and agreed by the parties hereto that Franchisee is an independent contractor and is not an agent, partner, joint venturer, or employee of Pretzel Time. Pretzel Time and Franchisee agree that nothing in this Agreement is intended to create a fiduciary relationship between them. Franchisee shall have no right to bind or obligate Pretzel Time in any way nor shall he represent that he has any right to do so. Pretzel Time shall have no control over the terms and conditions of employment of Franchisee's employees. In all public records and in his relationship with other persons, on stationery, business forms and checks, Franchisee shall indicate his independent ownership of the franchised Unit and that he is a franchisee of Pretzel Time. Franchisee shall exhibit on the premises in such places as may be designated by Pretzel Time, a Pretzel Time approved notice that the franchised Unit is operated by an independent operator and not by Pretzel Time or Pretzel Time's Affiliates, which