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2011 Sugar Bowl Contract with Participating Teams

2011 Sugar Bowl Contract with Participating Teams

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GAME AGREEMENT

This Game Agreement is made this ___ day of December, 2010, between (a) The Ohio
State University (the “Institution”), (b) the Big Ten Conference (the “Conference”), the Sugar
Bowl, a Louisiana non-profit corporation, (the “Bowl”), and (c) for purposes of Sections 7.6, 7.7,
7.8 and 7.9 only, BCS Properties, LLC, a Delaware limited liability company (“BCSP”).
Article I
Definitions
1.1 Definitions. Unless the context otherwise requires, the terms defined in Section 1.1
of the Contract among Atlantic Coast Conference, Big East Conference, The Big Ten
Conference, Inc., The Big Twelve Conference, Inc., Conference USA, Mid-American
Conference, Mountain West Conference, Pacific-10 Conference, Southeastern Conference, Sun
Belt Conference, Western Athletic Conference, University of Notre Dame du Lac, Arizona
Sports Foundation, Inc., doing business as Fiesta Bowl, The Orange Bowl Committee, Inc., and
Sugar Bowl, effective April 15, 2010, and any and all amendments thereto (the “Bowl
Championship Series Contract”) shall have the same meaning in this Game Agreement.
Article II
Participation in Game
2.1 Participation in Game. The Institution agrees to have its football team play in the
Sugar Bowl game (the “Bowl Game”) in New Orleans, Louisiana on January 4, 2011. The
competing team in the Bowl Game to be played on such date shall be the University of Arkansas,
Fayetteville. The Bowl shall secure as the venue for the Bowl Game the Superdome (the “Bowl
Game Venue”). Kickoff shall be at approximately 8:30 Eastern Standard Time.
Article III
Financial Settlement
3.1 Financial Settlement. The financial settlement for the Bowl Game shall be in
accordance with the provisions of the Bowl Championship Series Contract.
Article IV
Tickets and Suites
4.1 Ticket Allotment for Institution. If the Institution and the competing institution in
the Bowl Game are both members of Conferences, then they shall purchase from the Bowl a
minimum of Thirty-Five Thousand (35,000) tickets in the aggregate. The Bowl shall initially
allot Seventeen Thousand Five Hundred (17,500) tickets each to the Institution and the
competing institution.



If one institution playing in the Bowl Game is an Independent and the other is a member
of a Conference, then they shall purchase from the Bowl a minimum of Thirty-Five Thousand
One Hundred Fifty (35,150) tickets in the aggregate. The Bowl shall initially allot Seventeen
Thousand Six Hundred Fifty (17,650) tickets to the Independent and Seventeen Thousand Five
Hundred (17,500) tickets to the competing institution.
If both institutions playing in the Bowl Game are Independents, then they shall purchase
from the Bowl a minimum of Thirty-Five Thousand Three Hundred (35,300) tickets in the
aggregate. The Bowl shall initially allot Seventeen Thousand Six Hundred Fifty (17,650) tickets
to each institution.
The Institution’s tickets shall have the seat locations shown on Exhibit 1, which is
attached hereto and made a part hereof, and meet the following requirements:
(a) A minimum of four thousand (4,000) tickets in each team’s
allotment located in the section or sections immediately adjacent to
the 50-yard line in the lower level or “Club Level” of the stadium;
(b) A minimum of five thousand (5,000) tickets in each team’s
allotment located in the section or sections immediately adjacent to
the 50-yard line in the upper level of the stadium; and
(c) A minimum of 1,000 and a maximum of five thousand (5,000)
tickets in each team’s allotment located in the end zone in the
lower level or “Club Level” of the stadium, with the ticket price of
one thousand (1,000) of such end zone seats to be two-thirds (2/3)
of the average price for all other tickets in the particular seating
section.
For those tickets initially allotted to the Institution, the Bowl shall set aside groupings of
seat locations (“blocks”) assigned to the Institution. Such blocks shall have specific and defined
perimeters. Only tickets allotted to the Institution may be included the blocks so defined.
The prices of tickets purchased by the Institution shall be equal to the average price of all
tickets in the particular section in which the seats are located, except that one thousand (1,000)
tickets in the lower-level end zone shall have a price equal to two-thirds (2/3) of the average
price of other tickets in the particular section in which the seats are located.
Should the Institution or the competing institution desire to re-allot tickets for purchase
by the other institution, such institution shall contact the Bowl and the Bowl shall be required to
assist in administering such transactions. The Bowl shall contact the other institution and offer it
the opportunity to purchase the tickets before any third party is given access to any of the tickets.
Notwithstanding the foregoing, the Bowl may reasonably adjust the location of the re-allotted
tickets to avoid conflict between fans of the Institution and the competing institution. In no case
shall the Institution or the competing institution be permitted to trade, barter or re-allot its
original tickets without working such arrangement through the host Bowl. Should the Institution
be unable to sell all of its allotted tickets for the Bowl Game, then the Institution shall return all
unsold tickets to the Bowl. Such unsold tickets shall arrive at an address designated by the Bowl



no later than seven (7) days prior to the Bowl Game. In the event the Bowl is able to resell to the
other institution or any third party any of the unsold tickets returned by the Institution, the Bowl
shall refund to the Institution an amount equal to the aggregate purchase price paid to the Bowl
by the other institution or any third party in connection with the resale of such tickets.
4.2 Ticket Allotment for Institution’s Conference. If the Institution is a member of
any Conference, the Conference shall purchase a minimum of One Hundred Fifty (150) tickets
with seat locations shown on Exhibit 1. The price of such tickets purchased by the Institution’s
Conference shall be the same as that paid by the Institution for comparable seat locations. A
minimum of one hundred (100) tickets purchased by the Conference shall have seating locations
in the lower level of the stadium immediately adjacent to the Institution’s midfield lower-level
allocation. The remaining tickets purchased by the Conference shall have seat locations in the
upper level of the stadium immediately adjacent to the Institution’s midfield upper-level
allocation.
4.3 Sky Boxes. The Bowl shall provide free of charge to the Institution two (2) sky
boxes with a minimum seating capacity of sixteen (16) seats or such different seating capacity as
may be agreed upon by the BCS based on availability, at the Bowl Game Venue, together with as
many “standing room only” tickets as are customarily made available by the Bowl to purchasers
of sky box tickets. The Bowl shall also provide free of charge to the Institution’s Conference, if
any, one (1) additional sky box with the same seating capacity at the Bowl Game Venue. Tickets
for such sky boxes will not be counted in the aggregate required for purchase under Sections 4.1
and 4.2 above. The Institution and the Conference shall be responsible for all catering charges
incurred in connection with use of the sky boxes.
4.4 Stadium Admissions. The Bowl shall admit the following persons listed in this
Section 4.4 to the Bowl Game Venue free of charge (except for the individuals set forth in
Section 4.4(d), for whom the Bowl may require the Institution to purchase tickets). The
Institution shall provide photographs of the following persons (collectively referred to as the
“Institution’s Representatives”) as required by the Bowl for use on game credentials:
(a) All student-athletes certified by the Institution as being eligible for competition in the
Bowl Game;
(b) No more than sixty (60) coaches, trainers, medical, security, and managerial
personnel accompanying the Institution’s football team, all of whom shall have access to the
team area of the playing field;
(c) No more than four (4) “ball crew” members who will assist the Game officials;
(d) All members of the Institution’s marching band and all personnel affiliated with the
Institution’s marching band (such as the band directors) in performer seats;
(e) One (1) person serving as the Institution’s mascot and dressed in uniform;
(f) One (1) person serving as the Institution’s cheerleading coach; and



(g) No more than twenty (20) cheerleaders representing and sponsored by the Institution
and dressed in uniform.
(h) In addition to the persons listed in Section 4.4(a)-(g), the Institution shall be
permitted to invite no more than five (5) persons to view the game from the sidelines at the Bowl
Game Venue. As a condition of issuing a credential to such persons to view the game from the
sidelines, the Institution shall (i) provide a photograph of such person as required by the Bowl
for the Game credential and (ii) require each such person individually to execute a waiver of
liability in the same form as Exhibit 2 of this Agreement. Notwithstanding any other provision
of this Agreement, and to the extent provided by applicable law, neither the Institution, its Board
of Trustees, nor the Big Ten Conference shall be required to provide insurance coverage for the
five (5) persons referenced in this Paragraph 4.4(h), so long as the Institution, its Board of
Trustees, or the Big Ten Conference ensures that each of the five (5) persons referenced in this
Paragraph 4.4(h) execute waivers in the same form as Exhibit 2 of this Agreement. Under no
circumstances shall the Sugar Bowl, the practice site facilities, Louisiana Stadium and
Exposition District and SMG, Centerplate, the Southeastern Conference, any of the Conferences
and Institutions participating in the Bowl Championship Series arrangement, and their respective
representatives (except for the Institution and its Board of Trustees, to the extent provided by
applicable law, and the Big Ten Conference as provided in this Paragraph 4.4(h) under limited
circumstances) be required to provide insurance coverage to any of the five (5) persons
referenced in this Paragraph 4.4(h). The parties recognize that Ohio law shall apply with respect
to the Institution’s insurance obligations in this paragraph 4.4(h).
Article V
Team Arrival
5.1 Team Arrival. The members of the Institution’s football team, football coaches and
staff shall arrive in the New Orleans area no later than 6:00 P.M. local time at least six (6) days
preceding the playing of the Bowl Game.
Article VI
Hotel Accommodations and Hospitality Suites
6.1 Hotel Accommodations for Institution.
(a) The Bowl shall arrange for, and the Institution shall take, one hundred fifty (150)
rooms at a first class hotel resort to be made available to members of the Institution’s football
team, football coaches and staff, from arrival until departure with a minimum stay of six (6)
nights. Such rooms shall be at the hotel property and room rate shown on Exhibit 3, which is
attached hereto and made a part hereof. The Institution shall be responsible for all costs and
damages related to those rooms caused by the Institution, which, for purposes of this Section
6.1(a), shall include the Institution’s Representatives (as defined in Section 4.4) and Official
Party.



In addition to arranging for the aforementioned rooms to be made available to the
Institution, the Bowl will provide to the Institution, free of charge, three (3) suites at the same
hotel property for the duration of such team’s scheduled stay.
(b) The Bowl shall arrange for, and the Institution shall take, one hundred twenty-five
(125) rooms at the same hotel resort housing its football team, football coaches, and staff to be
made available to the Institution’s Official Party, with a minimum stay of three (3) nights, one of
which shall be game night. Such rooms shall be at the hotel property and room rate shown on
Exhibit 3. The Institution shall be responsible for all costs and damages related to those rooms
caused by the Institution, which, for purposes of this Section 6.1(b), shall include the
Institution’s Representatives (as defined in Section 4.4) and Official Party.
(c) The Bowl shall arrange for, and the Institution shall take, one hundred twenty-five
(125) rooms to be made available to the Institution for members of the Institution’s marching
band (including band directors and other personnel affiliated with the Institution’s marching
band), cheerleaders, mascot, and other guests representing the Institution for a minimum stay of
three (3) nights, one of which shall be game night. Such rooms shall be at the first-class hotel
property and room rate shown on Exhibit 3. The Institution shall be responsible for all costs and
damages related to those rooms caused by the Institution, which, for purposes of this Section
6.1(c), shall include the Institution’s Representatives and Official Party.
(d) The Bowl shall arrange for, and the Institution shall take, seventy-five (75)
additional rooms for a minimum stay of three (3) nights, one of which shall be game night. Such
rooms shall be at the first-class hotel property and at the room rate shown on Exhibit 3. The
Institution shall be responsible for all costs and damages related to those rooms caused by the
Institution, which, for purposes of this Section 6.1(d), shall include the Institution’s
Representatives and Official Party.
6.2 Hotel Accommodations for Institution’s Conference. The Bowl shall arrange for,
and the Institution’s Conference, if any, shall take, fifteen (15) rooms at the hotel property and at
the room rate shown on Exhibit 3, for a minimum stay of three (3) nights. The Conference shall
be responsible for all costs and damages related to those rooms caused by the Conference or its
employees or invited guests.
In addition, the Bowl shall provide free of charge to such Institution’s Conference, if any,
one (1) suite at the same hotel property for the duration of the stay, provided that the Conference
shall be responsible for all incidentals, room service, telephone, facsimile, mini-bar charges, and
like charges, and for any damage to the suite caused by the Conference or its employees or
invited guests.
6.3 Hospitality Suites. The Bowl shall provide free of charge the following hospitality
suites at the hotels each day beginning with the day of the arrival of the Institution’s football
team until the date of such team’s departure:
(a) One (1) hospitality suite at the hotel lodging the members of the Institution’s football
team, football coaches and staff, and Official Party, with snacks and beverages (as determined by
the Bowl) available as mutually agreed between the Bowl and the Institution, a television and



daily newspapers, for the Institution’s football coaches and staff, Official Party and designated
guests of the Institution. The Institution shall be responsible for any damage to the hospitality
suite caused by the Institution’s Representatives and Official Party;

(b) One (1) hospitality suite at the hotel lodging the members of the Institution’s football
team, football coaches and staff, and Official Party, equipped with a large screen television,
video cassette recorder or DVD player and videos or DVDs, video arcade games, soda and
snacks (as reasonably determined by the Bowl) and mutually agreed between the Institution and
the Bowl, and daily newspapers for members of the Institution’s football team. The Institution
shall be responsible for any damage to the hospitality suite caused by the Institution’s
Representatives and Official Party; and
(c) One (1) hospitality suite at the hotel lodging representatives from the Institution’s
Conference, with snacks and beverages (as determined by each Bowl) available for personnel
affiliated with the Conference of which the Institution is a member and guests of personnel
affiliated with such Conference. The Conference shall be responsible for any damage to the
hospitality suite caused by the Conference’s representatives or personnel affiliated with the
Conference and guests of personnel affiliated with the Conference.
6.4 Hotel Charges. If the Bowl intends to charge the Institution or the Conference for
damages that the Bowl or the hotel believes were made to the hotel, the Bowl shall provide
notice to the Institution or the Conference as soon as is practicable to the Bowl after it is aware
of such damage. Such notice shall not be later than 30 days in advance of the Institution’s
obligation to pay hotel charges. With respect to hotel bills which may become due, the Bowl
agrees to forward such bills to the Institution or its Conference, if any, as the case may be, for
payment. The Institution and its Conference, if any, agrees to remit payment for such bills
directly to the applicable hotel within thirty (30) days after receipt from the Bowl. In the event
that the Institution or its Conference, if any, fails to make payment for rooms provided to the
Institution or its Conference, if any, as provided herein, and for any damage claims for which the
Institution or its Conference (as applicable) is responsible, then the Bowl shall be entitled to
withhold from the payment otherwise due to the Escrow Agent under the Bowl Championship
Series Contract the full amounts thereof plus any sales or other taxes, interest or other late
charges imposed by the applicable hotels, as well as any such damage claims of the hotel.
6.5 Institution and Conference Responsibilities. Except as expressly set forth in this
Game Agreement, the Institution or its Conference, if any, shall be solely responsible for
payment for all costs and expenses incidental to the participation of its football team, coaches
and staff, and other representatives of the Institution in activities related to the Bowl game.
The payments are to be made by the Institution and the Conference, as applicable, for
tickets not later than the February 15 immediately after the Bowl Game. The Bowl will provide
an invoice for such tickets not later than January 15. Payment for other benefits supplied
hereunder shall be made within thirty (30) days of receipt by the Institution or Conference of
each such other benefit to which the Bowl commits hereunder. The Institution and the
Conference shall pay the Bowl directly, rather than any third party, for all benefits specifically
set forth herein, except as otherwise provided.



Article VII
Awards and Licensing
7.1 Awards for Members of the Institution’s Football Team. The Bowl shall provide
an award package of Bowl’s choosing to a maximum of one hundred twenty-five (125) members
of the Institution’s football team, commemorating the Institution’s participation in the Bowl
Game. The value of such award package shall not exceed the maximum allowable under
National Collegiate Athletic Association (“NCAA”) rules. In addition, the Bowl shall have the
option to present these individuals with the same wristwatch that is presented to the Bowl Game
officials. Such awards shall be consistent with the rules of the NCAA.
7.2 Awards for Coaches and Other Staff Members. The Bowl shall provide an award
package of Bowl’s choosing with a value not to exceed Five Hundred and 0/100 ($500.00)
Dollars to a maximum of twenty-five (25) coaches and other staff members, as identified by the
Institution, commemorating the Institution’s participation in the Bowl Game. In addition, the
Bowl shall have the option to present these individuals with the same wristwatch that is
presented to the Bowl Game officials. Such awards shall be consistent with the rules of the
NCAA.
7.3 Awards for Other Athletics Department Staff Members. The Bowl shall provide
an award package of Bowl’s choosing with a value not to exceed Two Hundred Fifty and 0/100
($250.00) Dollars to a maximum of twenty-five (25) other members of the athletics department,
commemorating the Institution’s participation in the Bowl Game. In addition, the Bowl shall
have the option to present these individuals with the same wristwatch that is presented to the
Bowl Game officials. Such awards shall be consistent with the rules of the NCAA.
7.4 Awards for Institution’s Official Party. The Bowl shall provide an award package
of Bowl’s choosing with a value not to exceed Two Hundred Fifty and 0/100 ($250.00) Dollars
to a maximum of fifteen (15) members of the Institution’s Official Party, commemorating the
Institution’s participation in the Bowl Game. In addition, the Bowl shall have the option to
present these individuals with the same wristwatch that is presented to the Bowl Game officials.
Such awards shall be consistent with the rules of the NCAA.
7.5 Awards for Personnel of Institution’s Conference. In the event that the Institution
is the member of a Conference, the Bowl shall provide an award package of Bowl’s choosing
with a value not to exceed One Hundred and 0/100 ($100.00) Dollars to a maximum of thirty
(30) persons affiliated with the Institution’s Conference attending the Bowl Game and related
events, commemorating the Institution’s participation in the Bowl Game. In addition, the Bowl
shall have the option to present these individuals with the same wristwatch that is presented to
the Bowl Game officials. Such awards shall be consistent with the rules of the NCAA.
7.6 Licensing by the Institution.
(a) Licensing of Bowl. The Institution hereby authorizes and grants a limited, non-
exclusive, royalty-free license to the Bowl to use its name, trade name, nickname, trademark,
trade dress, slogans, fight songs (fight songs only as provided in Paragraphs 7.6(a) and 7.6(b)),
logo, likeness of its team mascot, players, and coaches and all related intellectual property,



whether on a stand-alone basis or as a part of a composite or combination mark, to promote the
Bowl Game and the other Bowl-related activities. Provided, however, that the Bowl may only
use the fight songs which are played by the Institution’s band, and such fight songs may only be
used to promote the Bowl Game and/or the broadcast of the Bowl Game, (it being understood
that BCSP shall have the right to include the fight songs in any DVD or other recording of the
Bowl Game where the Institution’s band can be heard playing the fight songs), not any other
Bowl-related activities and may not be used by any sponsor or advertiser of the Bowl. If the
Bowl wishes to use the fight songs for any purpose other than those granted by the Institution
herein, it shall obtain a license from the copyright owner of such fight songs.
In addition, beginning on the date of this Game Agreement and ending sixty (60) days
after completion of the playing of the Bowl Game, the Bowl shall have the right and is granted a
royalty-free license to use, on a non-exclusive basis, the names, slogans, seals, logos, and marks,
whether registered or unregistered (such names, slogans, seals, logos, and marks hereafter
referred to as “identifying marks”), of the Institution, whether on a stand-alone basis or as a part
of a composite or combination mark, in Bowl-related activities, including but not limited to
television, promotion, licensing and merchandising programs incident to the Bowl Game.
The Bowl shall not be entitled to sublicense such license to any person or entity without
the written consent of the Institution, which consent shall not be unreasonably withheld or
conditioned or untimely delayed. The Bowl acknowledges the Institution’s exclusive ownership
of the identifying marks, and any goodwill that arises from the use of the Institution’s identifying
marks by the Bowl or its sublicensees shall inure solely to the benefit of the Institution. The
Bowl agrees that it will not attack the title or right of the Institution in and to the Institution’s
identifying marks. The Institution reserves the right to exercise reasonable control over the use
of its identifying marks, including, but not limited to, inspection of any goods or services bearing
the Institution’s identifying marks, the right to pre-approve any such use, and the right to prohibit
the use of its identifying marks if the Institution in its sole discretion determines that such use is
inappropriate, provided that no such approval shall be unreasonably withheld or untimely
delayed. It is understood that revenue derived by the Bowl from the sale of merchandise in
connection with the Bowl Game shall become part of the Bowl’s gross receipts in accordance
with existing rules and regulations of the NCAA. It is the responsibility of a representative of
the Bowl or its designated licensing entity to contact the Institution prior to using the
Institution’s identifying marks and to contact the Institution’s designated licensing entity
regarding use of such identifying marks if requested to do so by the Institution. The Institution
shall cause its designated licensing entity to comply with the provisions of this Section 7.6.
(b) Licensing of BCSP. The Institution hereby authorizes and grants to BCSP a limited,
non-exclusive, royalty-free license, together with the right to grant sublicenses to ESPN (as
defined in Section 14.1), to use its name, trade name, nickname, trademark, trade dress, slogans,
fight songs (fight songs only as provided in Paragraphs 7.6(a) and 7.6(b)), logo, likeness of its
team mascot, players, and coaches and all related intellectual property, whether on a stand-alone
basis or as a part of a composite or combination mark, to promote the Bowl Game and the other
Bowl-related activities, including, without limitation, television and promotional activities and
licensing and merchandising programs incident to the Bowl Game. Provided, however, that the
Bowl may only use the fight songs which are played by the Institution’s band, and such fight
songs may only be used to promote the Bowl Game and/or the broadcast of the Bowl Game, (it



being understood that BCSP shall have the right to include the fight songs in any DVD or other
recording of the Bowl Game where the Institution’s band can be heard playing the fight songs),
not any other Bowl-related activities and may not be used by any sponsor or advertiser of the
Bowl. If the Bowl wishes to use the fight songs for any purpose other than those granted by the
Institution herein, it shall obtain a license from the copyright owner of such fight songs. In
addition, the Institution grants BCSP the perpetual right to use its identifying marks, whether on
a stand-alone basis or as a part of a composite or combination mark in and on videocassettes,
DVDs, still images, video clips, digital media rights and the promotion of the same in connection
with the games of the Bowl Championship Series.
Except as set forth above, neither BCSP nor its designated licensing entity (the “BCSP
Licensing Entity”) shall be entitled to sublicense such license to any person or entity without the
written consent of the Institution, which written consent shall not be unreasonably withheld or
conditioned or untimely delayed. BCSP acknowledges the Institution’s exclusive ownership of
its identifying marks, and any goodwill that arises from the use of the Institution’s identifying
marks by BCSP or its sublicensees shall inure solely to the benefit of the Institution. BCSP
agrees that it will not attack the title or right of the Institution in and to the Institution’s
identifying marks. The Institution reserves the right to exercise reasonable control over the use
of its identifying marks, including, but not limited to, inspection of any goods or services bearing
the Institution’s identifying marks, the right to pre-approve any such use, and the right to prohibit
the use of its identifying marks if the Institution in its sole discretion determines that such use is
inappropriate, provided that no such approval shall be unreasonably withheld or untimely
delayed. It is the responsibility of a representative of BCSP or the BCSP Licensing Entity to
contact the Institution prior to using the Institution’s identifying marks and to contact the
Institution’s designated licensing entity regarding use of such identifying marks if requested to
do so by the Institution. The Institution shall cause its designated licensing entity to comply with
the provisions of this Section 7.6.
7.7 Licensing by the Institution’s Conference. The Institution’s Conference, if any,
authorizes and hereby grants the Bowl and BCSP a limited, perpetual, non-exclusive, royalty-
free license to use the names, slogans, seals, logos, and marks, whether registered or unregistered
(such names, slogans, seals, logos, and marks hereafter referred to as “identifying marks”), of
such Institution’s Conference, if any, solely for the purpose of promoting the Bowl Game and
Bowl-related activities and for use on merchandise related to the Bowl Game. Such identifying
marks of the Conference shall be used only in conjunction with the Bowl’s seals, logos, and
marks. Neither the Bowl nor BCSP may sublicense such license without the express written
consent of the Conference, which consent shall not be withheld unreasonably or untimely
delayed, except that BCSP shall have the right to sublicense such license to ESPN (as defined in
Section 14.1). The Bowl and BCSP each acknowledges the Conference’s exclusive ownership
of its identifying marks, and any goodwill that arises from the Bowl’s use of such identifying
marks shall inure solely to the benefit of the Conference. The Bowl and BCSP each agrees that
it will not attack the title or rights of the Conference in and to such Conference identifying
marks. The Conference reserves the right to exercise reasonable control over the Bowl’s use and
BCSP’s use of its identifying marks, the right to pre-approve any such use, and the right to
prohibit the Bowl’s use and BCSP’s use of its identifying marks if the Conference in its sole
discretion determines that such use is inappropriate, provided that no such approval shall be
unreasonably withheld or untimely delayed. It is the responsibility of the Bowl and BCSP or



their respective designated licensing entities to contact the Conference prior to using the
Conference’s identifying marks and to contact the Conference’s designated licensing entity
regarding use of such identifying marks if requested to do so by the Conference. The
Conference shall cause its designated licensing entity to comply with the provisions of this
Section 7.7.
7.8 Waiver of Licensing Fee by Bowl and BCSP for Awards Purchased by the
Institution. Beginning on the date of this Game Agreement and ending upon completion of the
playing of the Bowl Game, the Institution and, if the Institution is a member of a Conference,
such Conference, shall have the right and is granted a royalty-free license to use, on a non-
exclusive basis, the names, slogans, seals, logos, and marks, whether registered or unregistered
(such names, slogans, seals, logos, and marks hereafter referred to as “identifying marks”), of the
Bowl and of BCSP solely in connection with the Institution’s and the Conference’s preparation
of a reasonable number of Game-related awards commemorating the Institution’s participation in
the Bowl Game for distribution as gifts only to members of the Institution’s football team,
football coaches and managers, its Official Party, and personnel affiliated with the Institution’s
Conference. The Institution and its Conference, if any, each acknowledges the Bowl’s exclusive
ownership of the Bowl’s identifying marks and BCSP’s exclusive ownership of BCSP’s
identifying marks, and any goodwill that arises from the Institution’s or its Conference’s use of
such identifying marks under this Section 7.8 shall inure solely to the benefit of the Bowl or
BCSP as applicable. The Institution and its Conference, if any, agree that it will not attack the
title or rights of the Bowl in and to the Bowl’s identifying marks or the title or rights of BCSP in
and to BCSP’s identifying marks. The Institution shall not sublicense such licenses without the
express written consent of the Bowl or BCSP, as applicable, which consent shall not be
unreasonably withheld. The Bowl and BCSP each agrees to waive its licensing fee for use of the
Bowl’s identifying marks and BCSP’s identifying marks only with respect to awards prepared
under this Section 7.8.
All awards provided by the Institution to such persons using the Bowl’s identifying
marks or BCSP’s identifying marks shall be distributed in accordance with the rules of the
NCAA.
7.9 Game Footage Ownership and License. The Institution and the Conference
each acknowledges and agrees that BCSP owns all rights in and to the footage, feeds, pictures,
descriptions and accounts developed or created in connection with the televised distribution of
each of the Bowl Game (the “Copyrighted Materials”), whether or not such Copyrighted
Materials were actually used in the telecast of the Bowl Game, and hereby assigns to BCSP any
and all right, title and interest it may have in and to any such Copyrighted Materials. BCSP
grants to the Institution a royalty-free, non-exclusive license to use such Copyrighted Materials,
including no more than three (3) minutes of footage of the Bowl Game, solely in a DVD
covering the entire season of the Institution’s football team. The Institution agrees that such
Copyrighted Materials shall not otherwise be reproduced, licensed, sold or otherwise used in
connection with any commercial purpose.



Article VIII
Transportation, Parking, and Other Services
8.1 Transportation for the Institution. The Bowl shall provide at no cost to the
Institution the following motor vehicles for the Institution’s use for the scheduled duration of the
stay in New Orleans; provided that the Institution shall execute all forms required by the Bowl
before using such vehicles:
(a) Twenty-five (25) automobiles upon the scheduled arrival of the Institution’s football
team and for the scheduled duration of such team’s stay in New Orleans to be used only in
Orleans Parish. The Institution shall be responsible for gasoline and other incidental charges,
and shall be responsible for damage to the automobiles provided under this paragraph (a);
(b) Four (4) motor coaches for the members of the Institution’s football team, football
coaches and staff, and Official Party upon the scheduled arrival of the Institution’s football team
and for the scheduled duration of such team’s stay in New Orleans;
(c) One (1) van equipped with a lift to accommodate persons in wheelchairs and other
physically disabled persons upon arrival of the Institution’s football team and for the duration of
such team’s stay in New Orleans shall be arranged for by the Bowl, provided that the Institution
shall notify the Bowl reasonably in advance if such a van is required;
(d) One (1) truck for the transportation of equipment for members of the Institution’s
football team, football coaches and staff, and Official Party upon the scheduled arrival of the
Institution’s football team and for the duration of such team’s stay in New Orleans;
(e) Two (2) trucks for the transportation of baggage available at the scheduled arrival of
the Institution’s football team in New Orleans and again upon the scheduled departure of the
Institution’s football team from New Orleans;
(f) One (1) luxury sedan, capable of accommodating at least six (6) adult passengers, and
chauffeur, which vehicle and chauffeur shall be available on a four-hour on-call basis upon the
scheduled arrival of the Institution’s football team and for the scheduled duration of such team’s
stay in New Orleans; and
(g) Van shuttle service for members of the Institution’s football team between the
entertainment locations and the hotel property lodging such team.
8.2 Transportation for the Institution’s Conference. If the Institution is a member of
a Conference, the Bowl shall provide at no cost to the Conference the following motor vehicles
for the Conference’s use for the scheduled duration of the stay in New Orleans; provided that the
Conference shall execute all forms required by the Bowl before using such vehicles:
(a) One (1) luxury sedan, capable of accommodating at least six (6) adult passengers,
and chauffeur, which vehicle and chauffeur shall be available on a four-hour on-call basis upon
the arrival of Conference personnel and for the duration of their stay in New Orleans; and



(b) Four (4) automobiles upon the scheduled arrival of Conference personnel and for the
duration of their stay in New Orleans. The Conference shall be responsible for gasoline and
other incidental charges, and shall be responsible for damage to the automobiles provided under
this paragraph (b). The Conference shall execute all forms required by the Bowl before using
such automobiles.
The Conference shall notify the Bowl in writing within ten (10) days of the selection of
teams to participate in the Bowl Game of the expected dates and times of arrival of Conference
personnel in New Orleans and scheduled departure.
8.3 Police Escort. The Bowl shall provide, without charge to the Institution, an escort
by police of the City of New Orleans or other local law enforcement agency during
transportation of the members of the Institution’s football team and football coaches and staff to
any practice site or Bowl Game Venue.
8.4 Parking for the Institution. The Bowl shall provide to the Institution free of charge
parking spaces for fifty (50) automobiles and twenty (20) buses at a parking facility at the Bowl
Game Venue on the day of the Bowl Game.
8.5 Parking for the Institution’s Conference. The Bowl shall provide free of charge to
the Institution’s Conference, if any, parking spaces for twelve (12) automobiles and two (2)
buses at the Bowl Game Venue on the day of the Bowl Game.
Article IX
Practice Facilities
9.1 Practice Facilities. The Bowl shall provide free of charge for the Institution’s
football team and football coaches and staff access to practice facilities, locker rooms, training
rooms, and meeting rooms at (1) Tulane University; (ii) New Orleans Saints Football Complex;
or (iii) Louisiana Superdome; during the Institution’s scheduled stay in New Orleans. The Bowl
shall provide approximately 50 cases of soft drinks and an adequate amount of ice at the practice
facility. The Institution shall be responsible for all other costs and expenses related to the
operation of such practices, including, without limitation, laundry, equipment, food, and the like.
Article X
Official Functions
10.1 Official Functions. The Bowl shall sponsor the functions and provide
complimentary invitations or tickets to such functions as shown on Exhibit 4. If additional
tickets to such functions are made available to the Institution or to its Conference, if any, nothing
in this Game Agreement shall be construed to obligate either the Institution or the Institution’s
Conference to purchase any of the additional tickets to any function made available by the Bowl.
If any of the functions specified on Exhibit 4 are determined not to comply with the rules
of the NCAA or the rules of the Conference, if any, of which the Institution is a member, then
the Bowl shall arrange for a suitable substitute function reasonably agreeable to both the Bowl



and the Institution which shall be in compliance with the rules of the NCAA and the rules of the
Conference, if any, of which the Institution is a member.
10.2 Appearances by Institution’s Personnel. The Institution shall make its President,
Athletics Director, head football coach, members of its coaching staff, and members of its
football team available for appearances for news conferences, official functions, and other Bowl-
related events as reasonably requested by the Bowl. In particular, the Institution agrees to make
available its head football coach for the following functions: Team Welcome, Formal Press
Conference, Hospital Visit, Host Committee Dinner, NCAA Pre-Game Meeting, and the Sugar
Bowl Gala. In addition, the Institution shall ensure that representatives of the Institution attend
the functions specifically identified on Exhibit 4 as “Team Representatives Appearance
Obligations.” Failure of the designated representatives of the Institution to attend the functions
listed on Exhibit 4 as “Team Representative Appearance Obligations” may result in a reduction
of the amount that the Bowl shall be required to pay in accordance with the provisions of the
Bowl Championship Series Contract.
Article XI
Insurance
11.1 General Liability Insurance. The Bowl warrants and represents that it has
purchased and shall maintain comprehensive general liability insurance coverage listing the
Institution and the Institution’s Conference, if any, as additional insureds, with combined single
limits of at least One Million and 0/100 ($1,000,000.00) Dollars per occurrence for bodily injury
and property damage. Such insurance shall include all of the members of the Institution’s
football team, coaches and staff as additional insureds.
11.2 Automobile Liability Insurance. The Bowl warrants and represents that it has
purchased and shall maintain comprehensive automobile liability insurance coverage (covering
non-owned and hired vehicles and including personal injury protection, uninsured motorists
coverage, and collision and comprehensive liability coverage, with a maximum deductible of
One Thousand and 0/100 ($1,000.00) Dollars for the actual cash value of the automobiles),
listing the Institution and the Institution’s Conference, if any, as additional insureds, with
combined single limits of at least One Million and 0/100 ($1,000,000.00) Dollars per occurrence
for bodily injury and property damage. Such insurance shall specifically cover all of the
members of the Institution’s football team, coaches, and staff, and any other person affiliated
with the Institution or the Institution’s Conference, if any, and participating in or otherwise
connected with or a part of the Bowl Game and related activities and events.
11.3 Excess Liability Insurance. The Bowl warrants and represents that it has
purchased excess liability insurance coverage listing the Institution and the Institution’s
Conference, if any, as additional insureds, with combined single limits of at least Nine Million
and 0/100 ($9,000,000.00) Dollars per occurrence for bodily injury and property damage. Such
insurance shall specifically cover all of the members of the Institution’s football team, coaches
and staff.



11.4 Institution’s General Liability Insurance. The Institution warrants and represents
that, to the extent permitted by applicable state law, it has purchased or shall otherwise maintain
a comprehensive general liability insurance policy, maintain a self-retention fund, or maintain a
combination of the two, and shall list the Sugar Bowl, the practice site facilities, Louisiana
Stadium and Exposition District and SMG, and Centerplate, as additional insureds, or shall
acknowledge such entities as additional insureds or loss payees as appropriate, with combined
single limits of at least One Million and 0/100 ($1,000,000.00) Dollars per occurrence for bodily
injury and property damage. To the extent permitted by applicable state law, such insurance
shall specifically cover all of the Institution’s Representatives participating in the Bowl Game.
(except as noted in paragraph 4.4(h)). To the extent permitted by applicable state law, the
following minimum insurance shall also be obtained and maintained by the Institution for all
such covered personnel: (a) basic accident-medical insurance in the amount of Sixty-Five
Thousand and 0/100 ($65,000.00) Dollars per injury; (b) catastrophic-injury medical insurance
that provides lifetime medical, rehabilitation and disability benefits in excess of the basic
coverage, equal to the NCAA-sponsored program or an alternate program sponsored by the
NCAA Special Events Committee; and (c) workers’ compensation insurance in compliance with
applicable statutory limits. The above-referenced coverages shall be in effect while such covered
personnel are traveling to and from, and while in the New Orleans area. The parties recognize
that Ohio law shall apply with respect to the Institution’s insurance obligations in this paragraph
11.4.
11.5 Institution’s Automobile Liability Insurance. The Institution warrants and
represents that, to the extent permitted by any and all applicable state law, it has purchased and
shall maintain, or that it has a self insurance program of, comprehensive automobile liability
insurance coverage (covering non-owned and hired vehicles and including personal injury
protection, uninsured motorists coverage, and collision and comprehensive liability coverage
(with a maximum deductible of One Thousand and 0/100 ($1,000.00) Dollars) for the actual cash
value of the automobiles), and will list the Sugar Bowl, the practice site facilities, Louisiana
Stadium and Exposition District and SMG, and Centerplate as additional insureds, with
combined single limits of at least Five Million and 0/100 ($5,000,000.00) Dollars per occurrence
for bodily injury and property damage. To the extent permitted by any and all applicable state
law, such insurance shall specifically cover all of the members of the Institution’s football team,
coaches, drivers, staff, mascot, cheerleaders and other personnel participating in the Bowl Game
and any other person affiliated with the Institution and participating in or otherwise connected
with or a part of the Bowl Game and related activities and events. Effectuation of the foregoing
insurance, and proof thereof to the Bowl is a condition to the Institution receiving courtesy
automobiles as provided in this Game Agreement and, in connection therewith, the Institution
further agrees that (i) such automobiles will be covered under its comprehensive automobile
liability insurance policy having the minimum requirements set forth in this Section 11.5; (ii)
such automobiles shall not be driven outside of Orleans Parish; (iii) only representatives of the
Institution over the age of twenty-five (25) years shall drive the automobiles; and (iv) no
members of the Institution’s football team will drive the automobiles. To the extent that the Big
Ten Conference or any of its agents or representatives use automobiles in any manner
contemplated by this Paragraph 11.5, the Big Ten Conference shall provide its own automobile
liability insurance that comports with all the requirements of this Paragraph 11.5, and the
Institution shall not be responsible for the Big Ten Conference’s automobile insurance. The



parties recognize that Ohio law shall apply with respect to the Institution’s insurance obligations
in this paragraph 11.5.
11.6 Institution’s Excess Liability Insurance. The Institution warrants and represents
that, to the extent permitted by any and all applicable state law, it shall purchase excess liability
insurance coverage, which may be by self-insurance, over and above automobile liability and
general liability insurance and shall list the Sugar Bowl, the practice site facilities, Louisiana
Stadium and Exposition District and SMG, and Centerplate as additional insureds, with
combined single limits of at least Nine Million Dollars ($9,000,000.00) per occurrence for bodily
injury and property damage. To the extent permitted by any and all applicable state law, such
insurance shall specifically cover all of the Institution’s Representatives (except as noted in
paragraph 4.4(h)) participating in the Bowl Game and any other person affiliated with the
Institution and participating in or otherwise connected with or a part of the Bowl Game and
related activities and events. The Big Ten Conference shall provide its own excess liability
insurance coverage that comports with all the requirements of this Paragraph 11.6, and the
Institution shall not be responsible for the Conference’s excess liability insurance. The parties
recognize that Ohio law shall apply with respect to the Institution’s insurance obligations in this
paragraph 11.6.
11.7 Game Cancellation Insurance. The BCS has purchased game cancellation
insurance in the event of postponement or cancellation of the Bowl Game. In the event that the
Institution desires to obtain additional coverage through the Bowl, the Bowl shall use
commercially reasonable efforts to make this coverage available for purchase by the Institution
and its Conference. The Institution and its Conference as applicable shall be responsible for the
premiums for such coverage which, if not paid, shall be deducted from amounts otherwise
payable to the Escrow Agent under the Bowl Championship Series Contract.
11.8 Coverage. The Institution shall notify the Bowl, its Conference, if any, and the
BCS Administrator within three (3) days of team selection for the Bowl Game whether it has
coverages in compliance with the terms set forth in Sections 11.4, 11.5, and 11.6 and, if not,
whether applicable state law permits it to obtain such coverages. The above referenced
coverages to be obtained and maintained by the Institution shall be in effect while representatives
are traveling to and from, and while in the New Orleans area. The Institution shall cause the
Bowl to be named as an additional insured under all such policies (with the exception of the
workers’ compensation policy) and shall use its best efforts to furnish endorsement(s) of
insurance evidencing the above referenced coverages prior to departure for the Bowl Game. In
the event that the Institution is unable to furnish one or more of the aforementioned
endorsements of insurance, then for each missing endorsement, the Institution shall furnish
certificate(s) of insurance evidencing the above referenced coverages prior to departure for the
Bowl Game. To the extent permitted by any and all applicable law, this insurance shall be
primary to any insurance carried by the Bowl, and to the extent permitted by any and all
applicable law, the Institution shall use its best efforts to obtain waivers of its insurers’ rights of
subrogation against the Bowl and its insureds. In the event the Institution does not have, and is
unable to acquire, the coverages to be provided and maintained under Sections 11.4, 11.5, and
11.6 (including, without limitation, endorsements to the effect that the Bowl, the practice site
facilities, Louisiana Stadium and Exposition District and SMG, and Centerplate are additional



insureds), then it shall provide written notice to the Bowl and the Bowl shall be entitled to obtain
such insurance on behalf of, and in the name of, the Institution.
Article XII
Designation of Home and Visiting Teams
12.1 Designation of Home and Visiting Teams. The Institution agrees that the
Conference Champion of the Conference scheduled to host the Bowl Game under the terms of
the Bowl Championship Series Contract shall be designated the home team for the Bowl Game.
If such Conference Champion does not play in the Bowl Game (e.g., because such team qualifies
to play in the National Championship Game), then the team participating in the Bowl Game and
occupying the higher spot (i.e., the lower number) in the Final BCS Standings shall be entitled to
choose whether it wishes to be the home team or the visiting team. In addition, the home team
shall have the right to select either light or dark jerseys for its game attire.
12.2 Team Usage. The Institution hereby grants to the Bowl the right to use the names,
pictures, likenesses, voices, and biographical materials of the members of the Institution’s
football team, the Institution’s football coaches and staff, the Institution’s faculty, cheerleaders,
band members and any other persons representing the Institution who are participating in or
otherwise connected with or a part of the Bowl Game in accordance with the rules of the NCAA
with respect to promotion of the Game and in its Game program and press materials.
Article XIII
Game Rules and Officials
13.1 Game Rules. The official playing rules of the NCAA, per its applicable regulations
and bylaws, shall govern the conduct of the Bowl Game, except that the Institution and the Bowl
agree that the half-time intermission shall not exceed twenty-two (22) minutes.
13.2 Game Officials. A neutral officiating crew shall be used in the Bowl Game,
assigned through the jurisdiction of the NCAA Postseason Football Licensing Subcommittee,
from a Conference or other officiating organization that does not have a member institution
participating in the Bowl Game.
13.3 Expenses of Game Officials. The fees due game officials and expenses of such
officials shall be paid as provided in the NCAA Rules.
Article XIV
Television, Radio, and Sponsorships
14.1 Telecast of the Game. The Institution and its Conference hereby agree that the
Bowl shall not be responsible for the telecast of the Bowl Game or the content thereof, which
shall be within the sole control and sole responsibility of ESPN, Inc. (“ESPN”), as more fully
described in the Bowl Championship Series Contract and the Exhibits thereto. The Institution
acknowledges that subject to certain retained rights of the BCS and BCSP, the telecasting and



other media rights to the Bowl Game have been sold to ESPN, acknowledges the right of the
BCS to sell such telecasting and other media rights to ESPN and the right of the BCS and BCSP
to exercise the rights retained by each of them, and hereby grants to the BCS and BCSP all rights
and consents that may be necessary to effectuate ESPN’s, the BCS’s and BCSP’s respective
telecasting and other media rights. The Bowl will not grant access to the applicable stadium,
without ESPN’s prior written consent to any other film or television crew for live broadcast from
the Bowl Game Venue during the period beginning forty-five (45) minutes before the scheduled
time of kickoff and ending upon completion of the game. The Bowl shall have the option to
permit other ENG, videotape or film crews, including those authorized to film or videotape a
Game for display on an in-stadium video board or for use by the coaching staff of a participating
institution. No such ENG, videotape or film crews shall be allowed to telecast the Bowl Game
or provide any feed or other signal for a live broadcast of the Bowl Game. No video or audio
portions of the game may be used by such ENG, videotape or filming entity or by any third-party
or entity that has contracted with, or is affiliated with, such ENG, videotape, or filming entity for
commercial purposes other than a coach’s show broadcast after the Bowl Game and that is part
of a regularly broadcast series of shows featuring the Institution’s coach and regularly includes
film highlights of the Institution’s team’s games during the regular season. With the exception
of the aforementioned coach’s shows, no more than 3 minutes of footage or other audio or video
depictions of the Bowl Game may be used by any ENG, videotape or filming entity.
14.2 Sideline Rights and Site Advertising. The Institution acknowledges and agrees
that ESPN and its marketing partners have the exclusive right to provide “sideline goods and
services” to the participating teams at each BCS Bowl game. “Sideline goods and services”
include, but are not limited to, food and drinks, cups, coolers, squeeze bottles, other drink
holders, towels and other similar paraphernalia, coaches’ headsets, and any other product used on
the sideline that gives visibility to any company or trade name, logo or identifiable colors, but
not including the names and logos of the participating Institutions, Conferences and Bowl.
ESPN will provide each team with cups, coolers, squeeze bottles and towels for team use. ESPN
has contracted exclusively with a sponsor as the official supplier of such items. Should
conflicting agreements preclude the Institution from using such items, ESPN shall supply generic
BCS items that the Institution shall use. No other cups, coolers, squeeze bottles and towels,
headsets, or other sideline services will be permitted in the bench area or on the sidelines without
ESPN’s express written approval in advance.
The Bowl and Institution agree that, except for permanently-affixed signage, no
billboards or displays for any product, service, or other commercial entity will be visible within
ESPN’s normal television camera range at any the Bowl Game (including, without limitation,
(i) names and logos appearing on the clothing, uniforms or headset of the players, coaches,
officials or any other persons appearing within camera views, and (ii) equipment used on the
sidelines such as cooling fans, provided however, that neither the inclusion of a sponsor’s name
or mark in a Bowl Game logo or BCS logo nor any deals between an Institution and supplier that
may include that supplier’s customary patches on player’s uniforms and coaches’ clothing shall
be a violation of this provision) during ESPN’s telecast thereof unless they have been submitted
to ESPN for its approval in advance of the Bowl Game. Nothing herein shall be deemed either
to expand or to limit whatever rights ESPN may have to place advertising at the Bowl Game for
inclusion in its telecasts in accordance with ESPN’s agreement with the BCS, even if such
signage is for companies competitive with companies represented by permanent signage.



14.3 Institution Radio Rights. Institution has the right to authorize its regular season
radio network to make one (1) live radio broadcast of the Bowl Game on its existing radio
network stations within the home state of such Institution, and across state lines to the extent
such cross-over is included in its Designated Market Area, but no Institution’s satellite rights can
extend to or include the Bowl Game covered hereunder. Additionally, no Institution or any
station within its radio network permitted to broadcast a game under this Game Agreement may
stream such broadcast over the Internet.
A non-commercial, student-operated radio station at the Institution may also make
one (1) live radio broadcast of such Institution’s game provided that: (a) the student-operated
radio station broadcasts each home game that the Institution played during the most recently
completed college football Regular Season; (b) such student-operated station reaches only the
Institution’s campus and immediately surrounding vicinity; (c) such student-operated station
does not broadcast such game over satellite radio or stream its broadcast over the Internet; and
(d) there is space available at the venue hosting the game.
Article XV
Miscellaneous
15.1 NCAA Rules. To the extent that any provision of this Game Agreement is in
conflict with the constitution, rules, regulations, and orders promulgated by the NCAA for the
governance of Division I intercollegiate athletics, including but not limited to, those
constitutions, rules, regulations, and orders promulgated specifically for the governance of
Division I college football and Post-Season college football, such rules, regulations, and orders
of the NCAA shall take precedence over the terms of this Game Agreement. If the constitution,
rules, regulations, and orders of the NCAA shall change during the term of this Game Agreement
in a manner that alters the economic provisions of this Game Agreement in any material respect,
then the parties to this Game Agreement shall agree on appropriate adjustments in the amounts to
be paid by the Bowl under the Bowl Championship Series Contract.
The Institution and its Conference, if any, warrant and represent that, to the best of their
knowledge, this Game Agreement does not conflict with the constitution, rules, regulations, and
orders promulgated by the NCAA as such constitution, rules, regulations, and orders existed at
the time this Game Agreement was executed. If the constitution, rules, regulations or orders of
the NCAA, or the understanding of the Institution, its Conference, if any, or the BCS of such,
should change during the term of this Game Agreement in any material respect, then appropriate
adjustments shall be made in accordance with the Bowl Championship Series Contract.
15.2 Force Majeure. Neither the Bowl, the Institution, nor the Institution’s Conference,
if any, shall be held in default or liable for damages to the extent or for the period caused by any
delay or failure to perform under this Game Agreement due to causes beyond the party’s
reasonable control, including, but not limited to, acts of God, fire, flood, hurricane, national
emergency, insurrection, riot, acts of war, terrorism, quarantine restrictions, embargoes, strikes,
acts of government (including, but not limited to, any law, rule, order, regulation, or direction of
the United States Government or of any other government, or of any department, agency,
commission, bureau, court, or instrumentality thereof, or of any civil or military authority) (an



event of “Force Majeure”), provided, however, that the Bowl, the Institution, and the Institution’s
Conference, if any, shall use their best efforts to carry out the purposes of this Game Agreement
notwithstanding the occurrence of an event of Force Majeure.
15.3 Assignment and Delegation. This Game Agreement may not be assigned or
delegated in whole or in part by the Bowl or the Institution without the prior written consent of
the other and of the competing Institution. Any attempted assignment or delegation in violation
of this Section 15.3 shall be void.
15.4 Waiver. Any waiver or consent by the Bowl, the Institution, or the Institution’s
Conference, if any, to any variation from any provision of this Game Agreement shall be valid
only in the specific instance in which it is given, and no such waiver or consent shall be
construed as a waiver of any other provision of this Game Agreement or with respect to any
similar instance or circumstance. All waivers to be effective shall be in writing and signed by
the parties hereto or their respective authorized representatives.
15.5 Binding Effect. Subject to the provisions of Section 15.5 of this Game Agreement
restricting assignment and delegation, this Game Agreement shall be binding upon and shall
inure to the benefit of the Bowl, the Institution, and the Institution’s Conference, if any, and their
respective successors and assigns.
15.6 Severability. In the event that any provision of this Game Agreement or the
application thereof to any party or circumstance shall be finally determined by a court of proper
jurisdiction to be invalid or unenforceable to any extent, the remainder of this Game Agreement
and the application of such provision to parties or circumstances other than those to which it is
held invalid or unenforceable shall not be affected thereby, and each provision of this Game
Agreement shall be valid and enforced to the fullest extent permitted by law, provided however
that if severance of such invalid or unenforceable provision(s) alters in any substantial and
material respect the economic provisions hereof or of the Bowl Championship Series Contract,
then the parties and the BCS shall agree on appropriate adjustments to this Game Agreement.
15.7 Amendment. This Game Agreement may not be amended, altered, or modified
except by an instrument in writing, duly executed by the Bowl, the Institution, and the
Institution’s Conference, if any.
15.8 Governmental Action. The compliance of any of the parties to this Game
Agreement with any governmental action or decree or any order, rule, regulation or decree by
which any party to this Game Agreement is bound which limits, restricts, or affects the
performance of any obligation under this Game Agreement shall not constitute a breach of this
Game Agreement.
15.9 Captions. The captions contained in this Game Agreement are inserted for
convenience of reference only and shall not in any way define or affect the meaning,
construction, or scope of the provisions captioned.
15.10 Relationship. No agency, partnership, joint venture, or other representative or
fiduciary relationship between the Bowl and the Institution or the Institution’s Conference, if
any, is created by, or may be implied or inferred from, the execution of this Game Agreement,



the conduct of their joint activities as contemplated by this Game Agreement, or the
consummation of the transactions contemplated hereby. It is acknowledged and agreed that each
of the Bowl, the Institution, and its Conference, if any, is acting as an independent contractor.
15.11 Additional Actions and Documents. Each of the parties to this Game Agreement
agrees to take or cause to be taken such further actions to execute, deliver, and file, or cause to be
executed, delivered, and filed, such further documents and instruments, and to use its best efforts
to obtain such consents or approvals as may be necessary or as may be reasonably requested in
order to effectuate fully the purposes, provisions, and conditions of this Game Agreement.
15.12 Responsibilities of the Institution and Indemnification. To the extent permitted
by applicable state law, the Institution shall be responsible for, and indemnify and hold the Bowl,
the practice site facilities referred to in Section 9.1 and the Bowl Game Venue harmless from,
any and all liabilities arising out of or in connection with (i) any act or omission on the part of
the Institution, the members of its football team, football coaches and staff, Official Party,
marching band, band directors, cheerleaders, or Institution employees, representatives or agents
or (ii) any breach or default of any of its obligations and covenants contained in this Game
Agreement. Nothing in this Game Agreement, however, shall be construed as an express or
implied waiver by the Institution of any applicable governmental or sovereign immunity, as an
express or implied acceptance by the Institution of liabilities arising as a result of actions which
lie in tort or could lie in tort in excess of any liabilities allowable under applicable law, as a
pledge of the full faith and credit of any state, or as the assumption by the Institution of a debt,
contract or liability of the Bowl in violation of applicable law. The parties recognize that the
Institution’s ability to indemnify pursuant to this Section 15.12 is subject to the limitations set
forth in the Ohio Constitution, Ohio Revised Code Section 2743 et seq. as well as by applicable
court decisions and Ohio Attorney General opinions.
The Institution’s Conference, if any, agrees to indemnify and hold the Bowl, the practice
site facilities and the Bowl Game Venue harmless from any and all liabilities arising out of or in
connection with (i) any act or omission on the part of the Conference, its employees,
representatives, agents, or designated guests or invitees of the Conference or (ii) any breach or
default of any of its obligations and covenants contained in this Game Agreement.
The Bowl agrees to indemnify and hold the Institution, its Board of Trustees, and its
Conference, if any, harmless from any and all liabilities arising out of or in connection with (i)
any act or omission on the part of the Bowl, its employees, representatives, or agents, or (ii) any
breach or default of any of its obligations and covenants contained in this Game Agreement.
For purposes of this Section 15.12, liabilities shall mean all liabilities, expenses,
damages, losses, deficiencies, assessments, interest, penalties, claims, suits, actions, proceedings,
investigations, judgments and costs (including reasonable attorneys’ fees and disbursements)
whatsoever, whether suit is instituted or not and, if instituted, at any trial or appellate level and
settlement. The parties recognize that the Institution’s ability to pay attorneys’ fees and
disbursements pursuant to this Section 15.12 is subject to the limitations set forth in the Ohio
Constitution, as well as by applicable court decisions and Ohio Attorney General opinions.



15.13 Execution. To facilitate execution, this Game Agreement may be executed in
counterparts; and it shall not be necessary that the signatures of each party appear on each
counterpart; but it shall be sufficient that the signature of each party appear on one or more of the
counterparts. All counterparts shall collectively constitute a single agreement. It shall not be
necessary in making proof of this Game Agreement to produce or account for more than a
number of counterparts containing the respective signatures of all of the parties to this Game
Agreement. Delivery of executed signature pages by facsimile transmission, or by e-mail of a
PDF, shall constitute effective and binding execution and delivery.
15.14 Survival. The provisions of Sections 15.12 shall survive the performance of this
Game Agreement.
15.15 Institution’s Obligations.
(a) The Institution hereby agrees to have its football team and representatives of the
Institution available at New Orleans, in accordance with the schedule in the Bowl Championship
Series Contract for the Bowl Game, for purposes of participating in such activities, and to cause
its football team and other university representatives, including, without limitation, its marching
band and cheerleaders to participate in the Bowl Game and other events at the times set forth for
such events as reasonably specified by the Bowl, as listed on Exhibit 4.
(b) The Institution agrees to respond to all reasonable requests for information from the
Bowl in any way related to the Bowl Game or other activities, including, without limitation, team
rosters, names of members of the Institution’s Official Party and media guides. In addition, the
Institution agrees to promptly furnish the Bowl with a list of current sponsorship arrangements of
the Institution so that the Bowl may identify and attempt to resolve corporate sponsorship
conflicts.
(c) In addition to the appearance of its football team and marching band at the Bowl
Game, the Institution agrees to cause the designated members of its football team and other
representatives of the Institution to be available to attend those events reasonably specified by
the Bowl, including, without limitation, news conferences, press briefings, media/photo day and
post-Game ceremonies and interviews, as listed on Exhibit 4.
(d) Except as otherwise expressly set forth in this Game Agreement, the Institution shall
be responsible for all scheduling and transportation of its football team members and other
representatives of the Institution in connection with both travel to and from and within New
Orleans, including, without limitation, to practice facilities and events.
15.16 Bowl Championship Series Contract. The parties acknowledge that this Game
Agreement is subject to the terms and provisions of the Bowl Championship Series Contract and
that they are in agreement with the rights granted and the obligations imposed by the Bowl
Championship Series Contract.





















































































EXHIBIT 1
2011
Visitor Team
Tickets
Totals
Plaza 6045
Loge Sideline 1567
Loge Endzone 1637
Premium Terrace 959
Terrace 7292
Total 17500
Plaza Section Total Loge Section Total Premium Section Total
114 455 Sideline 225 58 Terrace 517 122
115 351 227 71 519 120
116 472 229 62 521 120
117 430 230 30 523 108
118 477 231 33 524 59
119 372 232 24 525 81
120 347 233 32 526 83
121 340 234 30 527 114
122 355 235C 16 529 104
123 210 314 20 531 48
124 636 315 244
125 277 316 222 Terrace Section Total
126 493 317 174 613 134
127 403 318 240 614 508
128 381 319 174 615 771
129 46 320C 137 616 776
617 752
Loge Section Total 618 667
Endzone 235 49 619 543
237 78 620 491
239 78 621 409
241 78 622 387
243 24 623 466
320 81 624 365
321 261 625 251
322 261 626 376
323 261 627 249
324 166 628 37
325 229 629 110
326 47
327 21
328 3

Exhibit 1 • Page 1 of 2



Visitor Team Conference Seat Locations

SECTION ROW
FIRST
SEAT
LAST
SEAT
# SEATS
314 5 1 9 9
314 7 1 15 15
314 8 1 15 15
314 9 1 16 16
314 10 1 20 20
314 11 1 20 20
314 12 1 21 21
314 13 1 21 21
314 14 13 21 9
314 17 20 23 4
150






























Exhibit 1 • Page 2 of 2



EXHIBIT 2


WAIVER OF LIABILITY AND RELEASE

I, , acknowledge that I have been offered the
opportunity to view from the sidelines the Allstate Sugar Bowl Game (the “Bowl Game”) to be
played at the Superdome in New Orleans, Louisiana on January 4, 2011.
I further acknowledge that the Sugar Bowl, Louisiana Stadium and Exposition District
and SMG, Board of Trustees of the University of Arkansas, acting on behalf of the University of
Arkansas, Fayetteville, The Ohio State University and its Board of Trustees, Big East
Conference, University Athletic Association, Inc., Southeastern Conference, all of the
Conferences and Institutions participating in the Bowl Championship Series arrangement, and
their respective representatives (collectively, “the Organizing Parties”) have taken all reasonable
actions and precautions to ensure the safety of each and every person on the sidelines at the Bowl
Game from any and all injuries. Notwithstanding these actions and precautions, I understand
that there remain risks for persons viewing the Bowl Game from the sidelines. I am willing to
and do assume any and all risks associated with viewing such game from the sidelines.
In consideration of a credential permitting me to view the Bowl Game from the sideline,
the sufficiency of which I acknowledge, I hereby assume all risks associated with my presence
on the sideline, including, without limitation, any risk of serious bodily injury and death and
damage to property, and hereby agree to waive and release from all liability each of the
Organizing Parties for any and all claims, suits, causes of actions, liabilities, debts, obligations,
costs, expenses, demands, rights, and indemnities of every kind and nature arising from my
presence on the sidelines at the Bowl Game, whether for bodily injuries, injuries to property,
death, or any other injury of any kind and nature.
I understand that under no circumstances shall I be entitled to insurance coverage issued
to or by the Organizing Parties for any and all claims, suits, causes of actions, liabilities, debts,
obligations, costs, expenses, demands, rights, and indemnities of every kind and nature arising
from my presence on the sidelines at the Bowl Game, whether for bodily injuries, injuries to
property, death, or any other injury of any kind and nature.

I have read this waiver of liability and release carefully and understand its terms and its
scope and effect, and I accept its terms with the intent to be bound. I further agree that this
waiver of liability and release shall be binding upon me, my heirs and assigns, and my
representatives.
Executed this ___ day of _____________, 20__.

PARTICIPANT:
Print name:
WITNESS:
Print name:
Exhibit 2 • Page 1 of 1



EXHIBIT 3


Hotel Accommodations

Room Occupants

Hotel Property
Hotel Rooms
No.
Minimum
Nights
Rate
Football Team,
Football Coaches,
and Staff
New Orleans Marriott

150


6


$172.00+ per night
Official Party New Orleans Marriott 125 3 $185.00+ per night
Band New Orleans Marriott 125 3 $172.00+ per night
Additional Rooms
for Institution
New Orleans Marriott
75

3

$185.00+ per night
Conference
Personnel
New Orleans Marriott
30

3

$185.00+ per night


























Exhibit 3 • Page 1 of 1



EXHIBIT 4

Official Functions


Description

Bowl Function
Name

Complimentary Tickets
No. Add’l
Tickets
Available

Price of
Each Add’l
Ticket

Institution
Conference or
League

Team Function
Zea Rotisserie &
Grill
150 0 Negotiable $50.00
Team Function Rock ‘N’ Bowl 150 0 Negotiable $45.00
Team Function Redfish Grill 150 0 Negotiable $50.00
Spouse Outing #1
Home Tour /
K-Paul’s
25 20 15 $80.00
Spouse Outing #2
Pat O’Brien’s /
Arnaud’s
25 20 Negotiable $125.00
FCA Breakfast Team/Staff Negotiable
$50 Adults
$15 Students
Gala
Allstate Sugar
Bowl Gala
50 50 Negotiable $150.00
Pre-Game
Hospitality
VIP Pre-Game
Reception
100 50 Negotiable
$75.00 Adults
12 & under Free



















Exhibit 4 • Page 1 of 2




Team Representatives Appearance Obligations

Description Bowl Function Name
Dinner for the President President’s Dinner
Reception for the President VIP Pre-Game Reception
Introduction for the President Field Introduction
Dinner for the AD President’s Dinner
Dinner for the AD Host Committee Dinner
Meeting for the AD NCAA Pre-Game Meeting
Gala for the AD Sugar Bowl Gala
Press Conference for the Offensive and Defensive
Coordinators and 5 offensive and defensive players for
each team
Press Conference for Offensive and Defensive
Coordinators and 5 offensive and defensive players
Arrival Photo Op for the Head Coach Team Arrival
Press Conference for the Head Coach Formal Press Conference
Hospital Visit for the Head Coach Hospital Visit
Dinner for the Head Coach Host Committee Dinner
Meeting for the Head Coach NCAA Pre-Game Meeting
Press Conference for the Head Coach Formal Press Conference – Day Before Game
Gala for the Head Coach Sugar Bowl Gala
Fan Fest for the Band and Cheerleaders Allstate Sugar Bowl Fan Fest
Meeting for the Band Director NCAA Pre-Game Meeting
Party for the Band and Cheerleaders Band and Cheerleader Party
Fan Jam for the Band and Cheerleaders Fan Jam
Reception for the Band and Cheerleaders VIP Pre-Game Reception
Secondline Parade for the Band and Cheerleaders Spouse Outing #2
Meeting for the SID NCAA Pre-Game Meeting















Exhibit 4 • Page 2 of 2

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