acknowledges and agrees that no person acting on behalf of Pretzel Time or its affiliated companies has made any written or oral claim, statement, assurance, promise or projection of any sort regarding the actual or prospective sales, earnings, gross profit or net profit of the franchise, which is the subject of this agreement. Franchisee acknowledges and agrees that Pretzel Time's officers, directors, employees and agents act only in a representative and not in a personal capacity in connection with any of their dealings with Franchisee. Franchisee recognizes that neither Pretzel Time nor any other person can guarantee Franchisee's success in the franchised business. Franchisee further represents to Pretzel Time, as an inducement to its entry into this Agreement, that all statements in Franchisee's application for the Franchise are accurate and complete and that Franchisee has made no misrepresentations or material omissions in obtaining the franchise. 25. CONSTRUCTION. 25.A. HEADINGS. The Section headings throughout this Agreement are for the convenience and reference only of the parties and their attorneys, and the words contained therein shall not be held to expand, modify, limit, define, amplify or aid in the interpretation, construction or meaning of this Agreement. 25.B. TERMINOLOGY. All terms and words used in this Agreement, regardless of the number and gender in which they are used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context or sense of this Agreement or any Section or clause herein may require, as if such word had been fully and properly written in the appropriate number and gender. The term Franchisee as used herein is applicable to one or more persons, a corporation or a partnership, as the case may be. If two or more persons are at any time