this Agreement. "Trade Dress" - The unit design, decor and image which Pretzel Time authorizes and requires Franchisee to use in connection with the operation of Pretzel Time Units, as it may be revised and further developed by Pretzel Time or its Affiliates from time to time and as further described in the Manuals. "Transfer" - The voluntary, involuntary, direct or indirect assignment, sale, gift, pledge, mortgage, hypothecation, encumbrance or other disposition by Franchisee (or any of its Owners) or by operation of law of: (1) Any interest in this Agreement; (2) A Controlling Interest in Franchisee; or (3) Any interest in the Unit, equipment, furnishings or fixtures. A Transfer shall also be deemed to include a merger or consolidation of Franchisee with any other entity, the issuance of additional securities representing, or convertible into, an Ownership Interest in Franchisee and any Transfer as a result of death (subject to this Section), divorce, insolvency, corporate or partnership dissolution proceedings or otherwise by operation of law. "Unit" - The Pretzel Time Unit which Franchisee is franchised to operate at the Site pursuant to this Agreement. "Yogurt Product Addendum" - The form of addendum to the Franchise Agreement used by Pretzel Time attached hereto as Exhibit "I" from time to time to authorize or require, in its sole discretion, a franchisee of a Pretzel Time Unit to offer TCBY frozen yogurt and other TCBY frozen yogurt products. 2. GRANT OF FRANCHISE RIGHTS. 2.A. GRANT OF FRANCHISE. Pretzel Time hereby grants to Franchisee and Franchisee agrees to undertake, during the term of this Agreement and upon the terms and conditions stated in this Agreement, the right, license and privilege to operate, conduct, and do business and to use certain trade names, trademarks, service marks, logos, and other commercial symbols, including Pretzel Time (referred