Common use of EXCLUSIVITY OF KOZMO Clause in Contracts

EXCLUSIVITY OF KOZMO. Kozmo agrees that, during the Term, it will not allow its Video Products or Kozmo Items to be collected in Drop-boxes or similar receptacles located in any store of a Retail Chain, other than Starbucks, whose primary business is the sale of coffee or tea products; provided, however that Kozmo will not be required to remove any drop boxes currently located in a Retail Chain whose primary business is the sale of coffee or tea products. For the purposes of this Agreement, a "Retail Chain" shall mean any entity which owns or operates five (5) or more retail operations in the United States and/or Canada under the same or substantially the same tradename or any five (5) or more stores operating in the United States and/or Canada under the same or substantially the same tradename pursuant to a franchise, license, partnership or joint venture arrangement.