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FIRST AMENDED EMPLOYMENT AGREEMENT
This First Amended Employment Agreement (hereinafter referred to as the"Agreement") is entered into as of this 15th day of April, 2004 by and between GeorgiaTech Athletic Association, a non-profit corporation organized under the laws of the Stateof Georgia (hereinafter referred to as the "Association"), and Paul Hewitt, a resident of the State of Georgia (hereinafter referred to as "Hewitt"). (Association and Hewitt aresometimes hereinafter collectively referred to as the "Parties" and individually as a"Party.")
WITNESSETH:
WHEREAS, Association assists the educational program of the Georgia Instituteof Technology ("Georgia Tech") by maintaining, managing and operating athleticsfacilities and intercollegiate athletics programs of and for Georgia Tech;WHEREAS, Association first employed Hewitt as Head Men’s Basketball Coachfor Georgia Tech under that certain Employment Agreement dated as of April 5, 2000,which Employment Agreement has been amended and modified prior to execution of thisAgreement (such Employment Agreement and written amendments and modifications arecollectively referred to as the “Prior Employment Agreements”);WHEREAS, Hewitt is currently the Head Men’s Basketball Coach for theintercollegiate men’s basketball program of Georgia Tech under that certain EmploymentAgreement dated as of June 18, 2003;WHEREAS, Association desires to continue to employ Hewitt solely andexclusively in the non-assignable position of Head Men’s Basketball Coach for the
 
intercollegiate men’s basketball program of Georgia Tech and to extend the term of Hewitt’s employment, all under the terms and conditions of this Agreement; andWHEREAS, Hewitt desires to continue and extend the term of his employmentwith Association under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promisescontained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:1.
Employment
.a.The Association hereby agrees to continue and extend the employment of Hewitt as the Head Men’s Basketball Coach for the intercollegiate men’s basketball program of Georgia Tech under the terms and conditions of this Agreement. Hewitthereby accepts the continued and extended employment as Head Men’s Basketball Coachunder the terms and conditions set forth in this Agreement. b.Hewitt shall report directly to the Director of Athletics.2.
Term of Employment.
a.This Agreement is for a term of six (6) consecutive years, beginning April15, 2004 and ending on April 14, 2010, subject to earlier termination in accordance withthe terms of Section 10 herein (such period being hereinafter referred to as the "Term"). b.The first year of this Agreement shall begin on April 15, 2004 and shallend on April 14, 2005. Thereafter, each year shall begin on April 15th and conclude on2
 
the following April 14th. Each such period shall hereinafter be referred to as a "ContractYear.”c.It is the intention of the Parties to create an automatic “rollover” provisionso that the Term of this Agreement will always have six (6) years remaining after theautomatic rollover occurs. Commencing April 15, 2005 and on April 15th of each year thereafter, the Term of this Agreement shall be automatically extended by one (1)additional year so that, on April 15th of each year, the Term of this Agreement shall be six(6) years unless the Association determines that an extension rollover not be made andnotifies Hewitt of its decision in writing not less than thirty (30) days prior to April 15thin any year during the Term. In the event the Association timely notifies Hewitt inwriting that such extension rollover should not be made in accordance with theimmediately preceding sentence, then this Agreement shall be deemed terminated by theAssociation without cause (as hereinafter defined) and Association shall compensateHewitt in accordance with the terms of Section 10 of this Agreement.3.
Duties and Responsibilities
. The Parties agree that Hewitt’s duties as HeadMen’s Basketball Coach of Georgia Tech shall include, but shall not be limited to, thefollowing:a.Report to the Director of Athletics and plan, develop, administer, andevaluate the men’s basketball program; b.Comply with the constitution, bylaws, rules, regulations andinterpretations of the Association, the National Collegiate Athletic Association("NCAA"), and the Atlantic Coast Conference (“ACC”) relating to the conduct and3
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