Kozmo Com Inc – IPO: ‘S-1’ on 3/20/00 – EX-10.9

On:  Monday, 3/20/00   ·   As of:  3/21/00   ·   Accession #:  912057-0-12562   ·   File #:  333-32864

in

this entire Filing. an “Entity” Search.

Show

Documents searched

and

each “hit”. the 1st “hit”.

↓↑Hints

Initial Public Offering (IPO):  Registration Statement (General Form)   —   Form S-1
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1         Registration Statement (General Form)                102    483K 
 2: EX-3.1      Articles of Incorporation/Organization or By-Laws     19     72K 
 3: EX-3.2      Articles of Incorporation/Organization or By-Laws     21     74K 
 4: EX-4.1      Instrument Defining the Rights of Security Holders    74    237K 
10: EX-10.10    Material Contract                                      3     20K 
11: EX-10.11    Material Contract                                      9     39K 
12: EX-10.12    Material Contract                                      7     29K 
13: EX-10.13    Material Contract                                      6     29K 
 5: EX-10.5     Material Contract                                     14     59K 
 6: EX-10.6     Material Contract                                     14     59K 
 7: EX-10.7     Material Contract                                      2     14K 
 8: EX-10.8     Material Contract                                      2     11K 
 9: EX-10.9     Material Contract                                      2     13K 
14: EX-23.1     Consent of Experts or Counsel                          1      6K 
15: EX-27.1     Financial Data Schedule (Pre-XBRL)                     2      8K 

EX-10.9   —   Material Contract

EX-10.9
1st Page of 2
TOC
↑Top
Previous
Next
↓Bottom
Just 1st
 
                                                                    Exhibit 10.9

 KOZMO.COM, INC.
 80 Broad Street, 18th Floor
New York, NY 10004

                                                               November 22, 1999
Chris Shimojima                                                                 
New York, NY                                                                    

Dear Chris:                                                                     

            On behalf of Kozmo.com, Inc. (the "Company"), I am pleased to invite
you to join the Company as Chief Marketing Officer. In this position, you will  
be expected to devote your full business time, attention and energies to the    
performance of your duties with the Company. All responsibilities and duties to 
previous business ventures must cease to exist at the effective start date of   
employment. The effective date of your employment will be January 14, 2000      

The terms of this offer of employment are as follows:   

1.    Reports to: Joe Park, CEO                                                 

2.    Compensation. The Company will pay you an annual salary of $200,000 for   
 the first full year you are employed by the Company. You will receive
  payment on a bi-weekly basis in accordance with the Company's standard
payroll policies. Your salary will begin as of the effective date of
employment. The first and last payment by the Company to you will be
 adjusted, if necessary, to reflect a commencement or termination date
other than the first or last working day of a pay period.           

3.    Bonus. Annual bonus, based upon individual and company performance payable
    every 6 months during the fiscal year (February/August). Bonuses will be
performance related, annual with no cap.                            

4.    Benefits. You will be entitled during the term of your employment to the  
    Company's standard benefits covering employees, as such may be in effect
  from time to time. In addition, the Company will reimburse you for the
      following: a) your portion of COBRA payments for AT&T's standard indemnity
  health insurance plan, b) your AT&T's Executive Life insurance program
premiums, and c) your Long Term Disability insurance premiums.      

5.    Stock Option. The Company will grant to you options to purchase 800,000   
     shares of the Company's Common Stock pursuant to the Company's 1999 Stock
Option Plan (the "Plan") which has been approved by the Board. The  
    exercise price of your options will be $1.80. The options will vest over
    four years with 200,000 options vesting upon the one-year anniversary of
      the effective date of your employment and 16,666.67 options vesting at the

EX-10.9
Last Page of 2
TOC
1st
Previous
Next
↓Bottom
Just 2nd
      end of each full month thereafter until all options are vested, subject to
      the provisions of the Plan and your continued employment with the Company.

6.    Employee Confidential Information and Ownership Agreement. As a condition 
   of this offer of employment, you will be required to complete, sign and
      return the Employee Confidential Information and Ownership Agreement which
is being provided to you herewith.                                  

7.    Immigration Laws. For purposes of federal immigration laws, you will be   
    required to provide to the Company documentary evidence of your identity
and eligibility for employment in the United States.                

8.    General. This offer letter, the Employee Confidential Information and     
Ownership Agreement and the agreement(s) representing stock options 
     granted to you under the Plan, when signed by you, set forth the terms of
your employment with the Company and supersede any and all prior    
   representations and agreements, whether written or oral. This agreement
can only be amended in writing signed by you and an officer of the  
   Company. Any waiver of a right under this agreement must be in writing.
  This agreement and its enforcement will be governed by the laws of the
State of New York.                                                  

           We look forward to your joining the Company. If the foregoing terms
are agreeable, please indicate your acceptance by signing the enclosed copy of  
this letter in the space provided below and returning it to me, along with your 
completed and signed Employee Confidential Information and Ownership Agreement. 

                          Sincerely,

                              KOZMO.COM, INC

                                   By: /s/ Joseph Park
                                                    ----------------------------

                                      Name: Joseph Park, CEO

                                                     ---------------------------

                      Title:
                                                      --------------------------
ACCEPTED:                                                                       

/s/ Chris Shimojima                                                             
----------------------                                                          
Chris Shimojima                                                                 

2 

Dates Referenced Herein

				Referenced-On Page
This ‘S-1’ Filing		Date		First		Last			Other Filings
Filed as of:		3/21/00							None on these Dates
Filed on:		3/20/00
		1/14/00		1
		11/22/99		1
									List all Filings