2.2 HAAGEN-DAZS® SHOP. "HAAGEN-DAZS® SHOP" means a retail ice cream store operated as part of the SYSTEM, either directly by SHOPPE COMPANY, or under a written franchise agreement granted by SHOPPE COMPANY. 2.3 MARKS. "MARKS" means the Haagen-Dazs name and trademarks, service marks, logos, trade dress, and other commercial symbols. 2.4 NOTICE. "NOTICE" means a communication satisfying the requirements of Article 20. 2.5 SHOP. "SHOP" means the HAAGEN-DAZS® SHOP established and operated by FRANCHISEE under the terms of this AGREEMENT. For the purposes of determining compliance with the SYSTEM STANDARDS, "SHOP" also includes any facility, whether or not a part of the SHOP PREMISES, where SHOPPE COMPANY permits FRANCHISEE to store, handle or display food, or other items, which are sold or used at the SHOP. Article 3 Site Selection, SHOP construction, and EXCLUSIVE TERRITORY The terms and conditions of Exhibits A. B, C, and D to this AGREEMENT (respectively "EXHIBIT A" EXHIBIT B" "EXHIBIT C" and "EXHIBIT D") form a part of this AGREEMENT, and are incorporated into this AGREEMENT to the same extent as if fully set forth under this Article 3. 3.1 Site Selection Process; Designation of SHOP PREMISES. If this AGREEMENT was issued in connection with a NEW HAAGEN-DAZS® SHOP, then the SHOP PREMISES will be designated under the terms of EXHIBIT A. If this AGREEMENT was issued in connection with a SUCCESSIVE TERM FRANCHISE, then the SHOP PREMISES are designated on EXHIBIT D. 3.2 Shop Design and Construction. FRANCHISEE will adhere to SHOPPE COMPANY'S procedures and requirements for the design and construction of the SHOP, as more particularly described by EXHIBIT B. (a) In the case of a NEW HAAGEN-DAZS® SHOP, FRANCHISE will diligently construct the SHOP at the SHOP PREMISES, if and after SHOPPE COMPANY designates the SHOP PREMISES in accordance with EXHIBIT A, time being of the essence.
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