AIRPORT DEVELOPMENT AGREEMENT
THIS AIRPORT DEVELOPMENT AGREEMENT (the “ Agreement ”) is made this 20th day of July,
2007 by and between THE GROVE, INC. , located at 3 Westbrook Corporate Center, Suite 500,
Westchester, Illinois 60154 (“ Franchisee ”), and ROCKY MOUNTAIN CHOCOLATE FACTORY, INC.
, located at 265 Turner Drive, Durango, Colorado 81303 (“ Franchisor ”).
A. The Franchisor offers franchises for the establishment of retail stores, known as “ ROCKY MOUNTAIN
CHOCOLATE FACTORY Stores ” or “ Stores ” offering gourmet chocolates and other premium
confections, featuring Rocky Mountain Chocolate Factory ® brand boxed chocolates and also confections made
at the Stores. The Stores are operated under the Franchisor’s service mark “ROCKY MOUNTAIN
CHOCOLATE FACTORY” and other trademarks, service marks, logo types, architectural designs, trade dress
and other commercial symbols (collectively, “ Marks ”) and pursuant to the Franchisor’s proprietary business
format, systems, methods, procedures, designs, layouts and specifications (“ System ”) for the establishment,
operation and promotion of the Stores.
B. The Franchisee operates numerous retail stores (“ Grove Stores ”) at airports throughout the United
States, selling packaged snack foods, beverages and frozen treats, under the trademark “THE GROVE” and
other marks (“ Grove Marks ”).
C. The Franchisee would like to use the Franchisor’s Marks and System in connection with the development
of ROCKY MOUNTAIN CHOCOLATE FACTORY Stores at airports throughout the United States, under
the terms set forth herein. The Franchisor desires to grant the Franchisee the right to establish and operate such
Stores under the terms and conditions which are contained in this Agreement.
The parties therefore agree as follows:
1. GRANT OF DEVELOPMENT RIGHTS
1.1. Development Area . The Franchisor grants to the Franchisee the right to develop and establish Stores
using the Franchisor’s Marks and Syste