miles of any other Pretzel Time Unit in operation or under development on the effective date of termination or expiration of this agreement for a period of one year after the termination or expiration. The restrictions of this Section shall not be applicable to the ownership of shares of a class of securities listed on a stock exchange or traded on the over-the-counter market that represent two percent (2%) or less of the number of shares of that class of securities issued and outstanding. Franchisee and its Owners expressly acknowledge that they possess skills and abilities of a general nature and have other opportunities for exploiting such skills. Consequently, enforcement of the covenants made in this Section will not deprive the Franchisee or its Owners or shareholders of their personal goodwill or ability to earn a living. The Franchise Agreement contains a covenant not to compete which extends beyond the termination of the franchise. Franchisee and its Owners acknowledge that the covenant not to compete is fair and reasonable, and will not impose any undue hardship, since the Franchisee (and its Owners) has other considerable skills, experience and education which will afford him the opportunity to derive income from other endeavors. Neither Franchisee nor any of its Owners shall divert or attempt to divert any business or any customers of any Pretzel Time Unit to any Competitive Business or employ or seek to employ any person who is employed by Pretzel Time, its Affiliates or a franchisee of Pretzel Time nor induce or attempt to induce any such person to leave said employment without the prior written consent of such person's employer. 20.H. PRETZEL TIME'S RIGHT TO PURCHASE ASSETS OF THE UNIT. Upon termination of this Agreement by Pretzel Time in accordance with its terms and conditions or by Franchisee