Franchise to Franchisee in consideration of and reliance upon Franchisee's agreement to deal exclusively with Pretzel Time. Franchisee therefore agrees that during the term of the Franchise Agreement, or the period of time which Franchisee operates a Unit under this Agreement, whichever is shorter, neither Franchisee nor any Affiliate, immediate family member, or in the event Franchisee is a corporation any Owner thereof and member of his immediate family or in the event Franchise is a partnership any partner (general or limited) thereof and any member of his immediate family, shall: (1) Have any direct or indirect interest as an owner, investor, partner, director, officer, employee, consultant, representative, agent or in any other capacity in any Competitive Business located or operating at the Site or within three (3) miles of any Pretzel Time Unit in operation or under development on the effective date of termination or expiration of this Agreement, except a Pretzel Time Unit operated by Franchisee under Franchise Agreements with Pretzel Time; or (2) Recruit or hire any employee who, within the immediately preceding six (6) month period, was employed by Pretzel Time or any Pretzel Time Unit operated by Pretzel Time, its Affiliates or another franchisee or licensee of Pretzel Time, without obtaining the prior written permission of Pretzel Time or such franchisee. Notwithstanding the foregoing, Franchisee shall not be prohibited from owning securities listed on a stock exchange or traded on the over-the-counter market that represents two percent (2%) or less of that class of securities. Covenants contained in this Section shall be construed as severable and independent, and shall be interpreted and applied consistent with the requirements of reasonableness. Any judicial reformation of these covenants consistent with this interpretation shall be enforceable as though contained herein and shall not affect any other provisions or terms