Kozmo Com Inc Sample Contracts

Kozmo Com Inc – SUPPLY AND DELIVERY AGREEMENT (April 6th, 2000)

Exhibit 10.2 "Pages where confidential treatment has been requested are stamped 'Confidential Treatment Requested and the Redacted Material has been separately filed with the Commission', and the confidential section has been marked in the margin with a star (*)." SUPPLY AND DELIVERY AGREEMENT This Agreement ("Agreement"), dated as of March 13, 2000 ("Effective Date"), is made and entered into by and between Amazon.com LLC (doing business in Washington state as Amazon.com Washington LLC), a Delaware limited liability Company ("LLC"), and Kozmo.com, Inc., a Delaware corporation ("Company"). LLC and Company are sometimes referred to collectively herein as the "Parties" and individually as a "Party." RECITALS A. LLC is engaged in the business of selling book, music and toy products over the Internet and desires to purchase such produc

Kozmo Com Inc – STRATEGIC AGREEMENT (April 6th, 2000)

Exhibit 10.1 "Pages where confidential treatment has been requested are stamped 'Confidential Treatment Requested and the Redacted Material has been separately filed with the Commission', and the confidential section has been marked in the margin with a star (*)." STRATEGIC AGREEMENT BETWEEN STARBUCKS CORPORATION AND KOZMO.COM, INC. This Strategic Agreement ("Agreement") is made and entered into on February 12, 2000 by and between Starbucks Corporation, a Washington corporation ("Starbucks") and Kozmo.com, Inc., a Delaware corporation ("Kozmo"). BACKGROUND A. Kozmo currently provides same-day delivery of videos, DVDs, video games, convenience foods and other items which are ordered by its customers over the Internet and delivered by Kozmo to custo

Kozmo Com Inc – REVENUE SHARING (April 6th, 2000)

Exhibit 10.3 "Pages where confidential treatment has been requested are stamped 'Confidential Treatment Requested and the Redacted Material has been separately filed with the Commission', and the confidential section has been marked in the margin with a star (*)." REVENUE SHARING OUTPUT LICENSE TERMS As of February 28, 2000 The following (the "Agreement") sets forth the terms of the license agreement (the "License") between Warner Home Video ("WHV"), a division of Time Warner Entertainment Company, L.P. and Kozmo.com (the "Retailer") for revenue sharing on WHV's Rental Picture output (as defined below). 1 . TERM: Five (5) year period commencing upon the "Street Date" of the first "Rental Picture" (as such terms are defined below) released by WHV on or after May 16, 2000 (subject to change by Retailer upon notice to WHV). 2. TERRITORY

Kozmo Com Inc – SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT, (March 21st, 2000)

Exhibit 4.1 SECOND AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT, dated as of March 16, 2000 (this "AGREEMENT"), among Kozmo.com, Inc., a Delaware corporation (the "CORPORATION"), and the stockholders of the Corporation identified on Annex I (each a "STOCKHOLDER" and, collectively, the "STOCKHOLDERS"). R E C I T A L S WHEREAS, the Corporation and the Stockholders except the New Investors (as defined herein) entered into a First Amended and Restated Registration Rights Agreement dated as of December 23, 1999 (the "EXISTING AGREEMENT"); WHEREAS, pursuant to a securities purchase agreement dated as of the date hereof (the "SECURITIES PURCHASE AGREEMENT"), the New Investors have agreed to purchase 11,353,107 newly issued shares of 8% Series F Convertible Preferred Stock, par value $.01 per share (the "SERIES F PREFERRED S

Kozmo Com Inc – CERTIFICATE OF INCORPORATION (March 21st, 2000)

Exhibit 3.1 AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF KOZMO.COM, INC. (originally incorporated August 20, 1999) The undersigned natural persons of at least 18 years of age, Joseph C. Park and Yong Kang, being the Chief Executive Officer and Secretary, respectively, of Kozmo.com, Inc., a corporation organized and existing under the laws of the State of Delaware, on behalf of said corporation, hereby certify as follows: FIRST: The name of the corporation (hereinafter the "CORPORATION") is Kozmo.com, Inc. SECOND: The Amended and Restated Certificate of Incorporation of the Corporation as in effect on the date hereof is hereby further amended to read in its entirety as set forth on EXHIBIT A hereto.

Kozmo Com Inc – EMPLOYMENT AGREEMENT (March 21st, 2000)

Exhibit 10.5 EMPLOYMENT AGREEMENT THIS AGREEMENT, dated as of this 4th day of October, 1999, by and between Kozmo.com, Inc., a Delaware corporation (the "COMPANY"), whose principal executive offices are located at 111 East 12th Street, New York, New York, and Joseph C. Park, an individual whose mailing address is 99 John Street, Apartment 401, New York, New York 10038 (the "EXECUTIVE"). W I T N E S S E T H: WHEREAS, the Company seeks to continue employment of the Executive and the Executive seeks continued employment by the Company; and WHEREAS, both parties desire that the terms and conditions of the Executive's employment with the Company be governed by the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the promises and the mutual covenants herei

Kozmo Com Inc – KOZMO.COM, INC. 1997 STOCK OPTION PLAN (March 21st, 2000)

Exhibit 10.13 KOZMO.COM, INC. 1997 STOCK OPTION PLAN 1. Establishment and Purpose and of Plan. (a) Establishment. Kozmo.com, Inc. (the "Company"), a New York corporation, hereby establishes a Stock Option Plan to be named the Kozmo.com, Inc. 1997 Stock Option Plan (the "Plan"). All options granted pursuant to this Plan on or after the effective date of this Plan shall be governed by the terms and conditions of this Plan. (b) Purpose. The purpose of this Plan is to authorize the grant to directors, officers, key employees, advisors and others affiliated with the Company of options ("options") to purchase shares of common stock of the Company, par value $.001 (the "Common Stock"), and thus benefit the Company by giving such persons a greater personal interest in the success of the enterprise and an added incentive to continue and advance in their service to th

Kozmo Com Inc – EMPLOYMENT AGREEMENT (March 21st, 2000)

Exhibit 10.6 EMPLOYMENT AGREEMENT THIS AGREEMENT, dated as of this 4th day of October, 1999, by and between Kozmo.com, Inc., a Delaware corporation (the "COMPANY"), whose principal executive offices are located at 111 East 12th Street, New York, New York, and Yong Kang, an individual whose mailing address is 344 Third Avenue, Apartment 8J, New York, New York 10010 (the "EXECUTIVE"). W I T N E S S E T H: WHEREAS, the Company seeks to continue employment of the Executive and the Executive seeks continued employment by the Company; and WHEREAS, both parties desire that the terms and conditions of the Executive's employment with the Company be governed by the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the promises and the mutual covenants herein co

Kozmo Com Inc – 1999 INCENTIVE STOCK OPTION PLAN (March 21st, 2000)

Exhibit 10.11 ================================================================================ KOZMO.COM, INC. 1999 INCENTIVE STOCK OPTION PLAN (AS AMENDED AND RESTATED AS OF MARCH 16, 2000) ================================================================================ KOZMO.COM, INC. 1999 INCENTIVE STOCK OPTION PLAN ------------------------------------------------ (as amended and restated as of March 6, 2000) 1. ESTABLISHMENT AND PURPOSE OF THE PLAN. (a) ESTABLISHMENT. Kozmo.com, Inc. (the "Company"), a Delaware corporation, hereby establishes a stock option plan to be named the Kozmo.com, Inc. 1999 Incentive Stock Option Plan (the "Plan"). The Plan is separate from, and does not replace, the Kozmo.com, Inc. 1999 Stock Option