WESTERN MICHIGAN UNIVERSITY FULL-TIME HEAD COACH EMPLOYMENT AGREEMENT ‘This Employment Agrooment (Agrooment’ i effective December 18, 2014 and is bolwoon the Board of Trustees of Wiestom Michigan Universty (WMU") with principal ofices in Kalamazoo, Michigan, and Philip John Fleck "Employee" or ‘Coac) (colectvely, the "Parbos). Ths Agreement replaces and ‘Supersedes any and al pir agreements between the Pat For the mutual consideration contained herein, Univers agrees to employ Coach and Coach agrees to be employed by Western Michigan University CUniversiy) 25 head coach in Unversiys Intercolegiate Footbal program (Progran') in the Division of Inercllegiate Athletics Dision") Upon the following terms and condttons: 4. Capacity and Duties 28 Head Coach, A Coach agrees 10 undertake and perform property, efelenty. to the best of Coach's efforts and aby, and consistent wit the standards, rules, and paces of the University andthe Division (University poles) all services, duties, and responsibiies attendant to the poston of head coach in the Program and as a non-bargaring unt employee of University. Coach shall eport to the drectr of tho Division oF other person designated by the Orecox. Coach shall devote Coach's best eff 1 performing duties that ae ineidont to this postion. and athe that may be assigned from tere to time by the University by agreement Between the Unwversy and. Coach, Coach shall suppor the overall academe mission, goa, and rs of the Dvsin and University BL Coach futher agrees to comply with and report any violations and pereived violations by ‘coach andlor others inthe Division of federal andlor sate law the conetition, bylaws, requlatens. ang Intepretatons of the National Collegiate Athlete Assocation NCAA") and Wid-Amercan Conference (CMAC" (eolecively endfor individual ferred t9 a3 NCARIMAC rues ©. Coach shall pareipate In the television and radio stows scheduled pursuant to University’s agreements with television and raga slalons, dnd excused any inthe event ofa major fay ‘obligation or heath problem or confletng Universty-elated obbgation. ach shall attend Bronco Club luncheons and other University findraising andlor communty relations activites and events ae roquoeted by Unworsiy so long as sich functions do nol confi, n any signifeant way, suth Coach's primary dubes ‘as Head Coach 1D. As part of his duties Coach acknowledges and agrees o achere tothe esponsbity and uty to comply with all Unversity requirements and poles regarding the reporting of any perceived minal activity that Comes to Coach's alton, thor personaly or reported by someone else. This {uty shall extend to all programs and aetiibos tat oceur on University property or at any University sponsored event, or event at which the University o its employees involved in the Coach's sport are invoWed, including but not imited to sports camps, sports clinics, or any other excumstance in which minors are present. With regard to any spors camps or cinics or oer program or acy involving ‘minors, Coach shail also comply wit all Unversity poliies and requrements regarding background {checks and due diigenco wih rogard to those who ae Tired or volunteer to work a hase programe and ‘activites involving minors, and shall require all those hired or allowed to volunteer fo also adhore to Applicable University polos and programs, including coaches reporting to Coach, EAs part of Coach's dutes Coach wil complete the University approved Tite IX one ‘waning program within 60 days of the executon ofthis agreement and agrees to promply report any potental volatons of Tite 1k, including but nat Imited to sexual assault and seal wolence, tO the University Tie ix Coordinator anoor me Unversty Deparment of Pubic Safety, 2 Term of Employment. Empioyoc's Head Coach Employment with University is 9 tem ‘appontront that orignal cortmenced on Decamber 18, 2014 and ist terminate no later than January 31, 2021 (terminaton cate’) However, this term of employment Is subject to earier termination Ih‘accordance with the terms and condtins ofthis Agreement, in which case the “termination dato" shal be Ihe date of such eater termination 3. Gompensation. In consideration forthe performance of al the services, dues, and bligations owe ors Aen, Gooch Sal be ete toe fatowng cannes a head auch of the Program ‘A. Base salary, Base salary during the term of employment shall be $225,000 based on 2 ‘65-day fiscal yoar. The base salary shall be pad in accordance withthe Unversit’s normal payrol schedule. ©. Fringe Benefits. Except for vacaton/annual leave time (which Coach is not entited to accrue), the. standard Unwersiyfinge benefits avallabie to nor-unin, non-executive Ofcial senior administrative offcer professional employees in accordance with University policies land practices (nluting employee contibuion requirements). Notwithstanding the above, Employee shal be entitled to the folowing adetional fringe bencfits ring the term of employment as Read coach 4. Employee shall be ented to either usage ofa University assigned courtesy vehicle or ‘2 monthy auto allowance (curently $400hmontn), paid quar, ofthe Universiy's ‘choc. If University courtesy vente assigned to Employee, the University shall pay {orrequied insurances, maintenance and reasonedle reps on he velco 2, Business related usage of a unwersty assigned cellar telephone or @ monthly cell phone allowance (curently $7S!montn), paid quarry, of the University’s choice 3. Usage of University onmed game day football sute Head Football Coach Office) in the Bil Broun Alumni Foothal Cent for all varsity regular season home football ‘games, Thiry four (24) fooball season tokels are Issued forthe Head Football Goach Sut {ANEGa— usage ofa University owned membership toa Kalamazoo the Universiy’s choosing. Univorsty wil pay. any ves, fssesements required as mandatory 10 maintain Coach aad his immediate feriy 35. members of a county clio. Coach wil be personally Tesponsiole for paying any personal charges made by him or members of Nis Immediate farly atthe cub. Use of fringe benefits shall be in accordance wth Univerly and other applicable rules, policies, and ‘roctves. Volabon(s) may resut in termination of the benefits). Coach shal be reimbursed for ‘easonabl, documented, and Universty-approved expenses incued for Univers business Fringe benefis and University contributions for retirement andlor other finge benefits shall be based ‘on Coach's base salary amount only per Sacion3.A and not on any oer income, performance. Ineentves, fringe benets, bonuses, or any ater armaunts oF componsation to Coach from any other $ouree including compensation par Section 3C, andor any athor compensation rom Unversity CC. Radio, Television and internet Revenue Compensation, Addonal compensation of up to 105,000 forall radi, television, and infomat appearances the Univesity requests Coach to ‘make that are outside the scope of Coa’ ther duties as descrbed elsewhere inthis ‘Agreement. This compensation shall be payable n quarter instalments on the fst avaiable University pay perod pay day occuring on or ater the folowing calendar dates; March 3, June 30, September 30, December 1. Coaca must be employed as te ful-ime Head Football Coach {3 ofeach calondar date referenced above to bo elgibe for said compensation except fr the December 1 calendar date. Coach ville elgibe for December 1 quarry installment payment (Coach fished the varsity football guar season schedule employed as the fulkime Head Fatal Coach‘Public Anpearance/Speaking Engagement Compensation, While he fs employed 28 University's fulkime Head Footbal Coach, Caach may earn sddional compensation a up 0 $195,000 for ‘making puble appearances andior speaking engagement appearances thal are outsise the ‘Scope of his dues as described elsewhere in ths Agreements reasonably drected by the University Ins sole discretion Unversity may use avaiable dono funds or other funds from ‘extornal Sources, including sponsorship agreements, o sais this obigabon. This compensation ‘hal be payable in quarterly installments onthe fst available Univesity pay period pay day ‘Securing on or afer he following calendar dates; March 31, dune 30, September 30, December Coach must be employed a the ul-ime Head Football Coach as of each calendar date Feferenced above to be eligible for sad compensation excep forthe December 1 calendar date. Coach wil be eligible fr December 1 quartet instalment payment if Coach falshed the varsity Footbal regular season schedule employed as te fulkime Head Footbal Coach, ‘2pportunties to Earn ‘All outside employment and income-eaing activites are Independent of, and ouside the course ‘and the scope of, Coact’s University employment and shal bein compiiance with al NCAA and IMAC rules and regulations. Coach agrees that University shall have no responsibly or tabity whatsoever for any claims arising fom or relatod to Coact's ouside amployment oF Income: arming stvites. Coach is required to receiva prot approval for any outside employment and income-earning facttes from Athietic Drectr. Permission shall not be unreasonably withheld. In adsiton, Coach is required to receive annualy pri witten approval tom the President for al aetcally Felated income and Benefts Coach vil recawe from sources outside the Insttuion. Coach's fequest for approval shal be in witng and shall include the amount and tho source of the Income. Sources of such income Include, But are not limited fo, the following: Income from ‘nrules, sports camps, housing benefs (including preferental housing arrangements). country ub memeerships, complimentary teket sales) television and radio programs, and endorsement fr consultation contacts with athletic shoe, apparel o equipment manufacturers. The University Shall nave no right to receive any part of Goach’s compensation fom pre-approved outside employment and income-carsing,aciviis. Coach mist provide a writen detailed account ‘annually to the Athleic Director for al athisticaly related income and benef from sources ‘uteide te natuton. \wthout writen permission from University, Coach may not use University's name or any logo or Symool of oF a6S0ciated wih Universiy in connecton wih any outside employment andlor income-eamning actvibes, Coach agrees to make availabe to Universty records of outside ‘employment and income-eaming actviles In order to determine compliance with NCAAMAC ‘ules or veriication of complance wih this Agreement. All cusie employment and ineome- famning activites arrangements that are related in any way to Coach's postion as Head Coach {or University shal provide fr termination concurrent with the termination af his Agreement ‘The Coach shall have the opperunty to use University aietic faites and administrative services during each summer during the Term in connection with 2 summer youth football camp Sponsored by the Unversity for 8 period of not ls than three wooks. University shal designate the period during which the Coach may conduc the camp at Univers taking into consideration the preferences of the Coach. Coach shal cooperato with Universi to assure that the camp shall comply with all appleable federal, site, local laws and University regulations. Any net proceeds gonerated by Ine camp afle:deducton of costs and expenses incur by Univers, Ineloding, without lmtaton, the cost of macieal and abil Insurance. coverage. persoanel ‘expenses, and a reasonable charge forthe use of University facies, shal be pad to Coach in {he form of supplemental componsation, subject to normal deductions and wityhoding or federal, ‘stato and local taxes. Coach shal retain the right fo have the nel proceeds generated by the aforementioned ‘camp disibuted among assistant coaches in the form of supplemental ‘companeation should Coaen dose5. Sm Fr each yea the Agreement remains effecive, the folowing provisions wil apply. Employee is ented to recelve any and all bonuses contained herein contingent upon Employee frst meeting the Incentive Feaurements found in each sectonjs) of the Agreement. Compensation is payable in @ lump. sum folowing the completion of the fotbal season if Coach fished the varity football reguar season ‘schedule employed asthe fur tne Head Foosball Coach ‘A. Retention Incentive. For each contract year that Head Coach has completed the immaviatly preceding regular season fothall eam schedule employed as Head Coach and remains 0s Head Coach as of January 31, pursuant to Secton 2, then University wil pay Employee 2retenion Incentive of $185,000. In s sole Discreton, University may use avaliable done funds or oer funds from external sources, including sponsorship agreomens, to satisly this obligation. Division Championship. Each year that WM wins the Divison championship for football, as ‘recognized by the foobal teams’ appearance In he Championship gare, University wil pay Employee a bonus of $30,000, Conference Championship, Each year that WM wins the MAC regular season championship for feotoal, Univers will pay Employee a bonus of $50,000. This conference championship win incentive sna be ald in adeiton to the incentive ($30,000) earned for winning the Daision Championship. D. Post-Seasan Bow! Game Incontive. For each year that Western Michigan University pays in a NCAA sanctioned post-season baw game for the sport, Univers wil pay Employee a bonus of $25,000, E, Winninaa Poet Saazon ow Game Incantva. For each year that Wester Michigan University plays n'a NCAA sanctioned post season bowl game forthe sport and also wins that bow game, University wil pay Employee $50,000. This bow game win Incenbve shal be pald in adaton to the neantive ($25,000) eared fr playing na post-season bow! game. Post-Season BCS Bowl Game Incentive, For each year that Westem Michigan University plays ina NCAA sanctoned BCS level pst season bowl game forthe sport, Unversity wil pay Employee a bonus of $50,000. This BCS level baw game incentive sil be palin adcton to the incentive eared for playing Ina post-season bow! game. G. Winning» Post-Season BCS Bow! Game Incentive, For each year that Wester Michigan University plays in a NCAA sanctonad BCS revel postseason Dow game forthe sport and also wins that BCS level bow! game, University wil pay Employee a bonus of $80,000. Ths BCS level bow! game win incentive sal bo pad in addition tothe incentive eamed fr playing ina post- season BCS level Dow! game, MAC Coach ofthe Yearincentve, Foe each year Employee is awarded the MAG Caech ofthe {Year award. a8 offealy recognized by the Mid-American Conference, University wal pay Employee a bonus of $15,000 [Regional Coach ofthe Vear Incentive. For each year Employee fs awarded the Regional Coach ofthe Year award, a ofcialy recognized by the American Football Coaches Association (AFCA), Unversity wil pay Employee a bonus of $15,000 National Coach of the Year Incentive. For each year Employee is awarded the Natonal Coach of the Year award, a: ofially recognized by the American Football Coaches Associaton (AFCA), Unversity wil pay Employee a bonus of $25,000.1. Grade Point Average (GPA Incentive, In January of each year, Univers shall calculate the ‘veal grade point average for football student-ahlates using grade point data fr fotball ‘student athetes from the preceding fulterm fal semester and te preceding ful-orm spring ‘Semester ofthe University Universty shal pay Employee one bonus if Employee meets certain GPA standards In accordance wih he fooOWing abe: tthe football team grade point average (a8 defined above) i 2.60 or higher, buts less than 270, Employee bonus sha be: $3,000, 15270 or higher, buts less than 2.80, Employee bonus sha be. $4,000, is 2.80 or highor, buts toss than 2.90, Employee bonus shall be. $5,000, is 2.00 or high, buts less than 3.00, Employee bonus shal be. $0,000 1 800 or higher, Employee bonus shal be: $7,000 |L. Football Game Attendance Incentive. In Devember ofeach year, Univers shall calculate the [ubiely announces home football game season atendance average using announced game [Sttendance rom the preceding, ust completed, foatbal season. Universty shal pay Employee ‘one bonus f Employee meets certain game stendance standards in scoardance wth the fotowing table tthe publicly announced home football game season attendance average: 1s 18,000 or higher, but loss than 20,000, Employee bonus shall be: $6,000, 15 20,000 or higher, but s oss than 25,000, Employee bonus shall be: $8,000, 18 25,000 or higher, Employes bonus hall be 315,000, (M. Savon Wins (equla sian} or batt incantve. For sach regular season fotball ame victory ‘equal oor greater than the 7th win ofthe season, Universi wil pay Emeloyee a bonus of $10,000 for each victory. LN. AlLConference Player Selection, For each WMU football player selected as Al-conference, os bficlaly recognaed by the Mid-American Conference, Universi wil pay Employee one of tho Below betes amounts for each player selected Al-conference For eath player selected All-Conference, First Team $2,000 For each player selected Al:Conterence, Seton Team 31,500 For each player selected Al:Conference, Thd Team 51,000 Fr each player selected Al: Conference, Honorable Mention 3750 ©. Acaomic Al-Conference Plaver Selection. For each WMU football payer selected as Academic fAlkconference, as officaly recognized by the Mid-American Conference (Faculy-AtNetic Representative process), University wil pay Employee one of the below listed amounts for each player selected Academé Al-conference. For each player, not to exceed five in any one season, selected AltAcademic, Distinguished scholar-athlts: $2,000 Foreath player selected Academic Al-Confecence: $750 a ‘Acadomic Al-Discl (oy region Playor Selection. For each WMU fetball payer selected as ‘Academic AkDietict Team (or fopGn), a8 offcally recognized by the Colegio. Sports Information Dreciore (CoSIDA), Unversity wll pay Employee the Below Isted amount for each, player selcted Academie Al-Oisttet 1 team (0 region} For each player selected Academic Al-Distrct team (or region) $2,0002. Academic AlLAynercan Player Selection, For each WMU football player selected a8 Academic ‘AlcAmerican 1! team, as offealy recognized by the Colegite ‘Sports formation Directors {(CoSIDA). Unversty wil pay Employee. the below sted amount Tor each player selected ‘Academic Alt American 1" team, For each player selecod Academie All-American 1" team $4,000 6. _Withholdings and Taxes, _ All payments provsion of compensation and fringe benefits fon University are subjoe lo deductions and withaiing for taxes, any employee payments for retirement or ‘thor bens to which Coach is ented or in which Coach partcipates, and pursuant to other terms and Condsions of his Agreement Coach agres that Coach is solely responsibe fra axes imposed by any governmental author in conjunction wit receiving compensation and tinge benefs fom Univesity and wl ely only upon ‘Coach's own tax and egal acvisors regarding any tax consequences or obigations imposed on Coach, 7. __ Policies and Rules of Conduct; Disciplinary Action; Corrective Action; Termination for Cause ‘A. Coach is subject to Universi’ polices, procadures, rules of conduct and discpinary action ‘pplcable to nan-bargaining unt employees. In aiton, Coach shale subject to dscipinary or {btrectve action, including suspension without payor termination of employment: (1) f Coach is found in welaton of NCAA andlor MAC roglatin(s) for sgniiant of repetitive vielaton(s), and (2) for any signiicant andlor repettve actor omission of Coach tal may give rise to a fing, that University has volated any NCAA andlor MAC regulation(). f Unversity imposes fspension without pay asa asciplinary or corrective acton, to total base salary and fringe benefits due to Coach shat be prorated, suspended, and adjusted accordingly. 1B, Funhermore, recognizing the unique duties and public image of the head coach poston, the partes ago agree tat the happening of any of the folowing events, and with ten (10) days ‘ween notes, anal constvte cause fr termination giving University tho right t terminate this [Agreement and Coach's employment without pay and without any further ebigations: (1) Adeteination by Unwersit attra hearing or by the NOAA, MAC, or her rule-making ‘bey having jurisdiction over the actives of te Program or 3 cout of aw that Coach nas ‘commited any sigifeant a repetive vllabon(s) of any NCAA andlor MAC regulaton() (2) Aetormnation by Uniecsty after a hearing or by the NCAA, MAC, or other rule-making body having jurscetion over the acbvides of te Program of 2 court of law that any assistant ‘coach of Head Coach has committed significant or repetive volation of any NCAA andlor [MAG regulaton(s) and that Head Coach hed actual knowledge of such violations) or crectod that such volatons) cur, (@) Adeterminaton by the Universy after a hearing that Coach has engaged in behavior hat is ‘erlouly projusical othe best interests of University, the Program, or fs ntercallegiato athletes program, (4) Aviolaton by Coseh ofa material term or condition ofthis Agrooment for ton (10) days! holes and opportunity cure, (6) Any conduc of Caact that would constitute a felony ora vation of any erin statute involving the. dishonest, mocal tuptude, fraud or where the charges aise out o he duties Conta within this agreement (6) Coach's serious oF repeated misconduct causing substantial embarrassmantto the Unversity (for example, material nsuboranaton or impropriety involving a student) found ater a Feasonabie fect nang process; (7) Automate termination upon the death of Coach: inthe event ofthe death of Coach, the ‘Salary payments shal cease after the nevi monty salary payment. Amounts due, if any, to ‘Coach shall be pai othe Estate ofthe Coach within iy (60) days of ho date of doth i ‘eamed by Coach pir to Coach's death or(6) Disabil of Coach. Disabilty is defined asthe inability to perform the essential dutos unctions of head coach forthe Program wit r without a reasonable accommodation. The ‘termination as to reasonable accommodation shall be made by Univerty wih appropriste ‘Secumentation and consults from a doctor thal Coach nol able fo perform coaching ‘ites “Termination by University Without Cause ‘A. University is entited fo terminate this Agreement pror tothe end of te Term and prior to the ‘expiration of any renowals without cause, Termination witout cause shall mean termination of thus Agreement by the Uniersty on any basis other than those as proved for in Section 7. If Univerty terminates thi Agreement without cause, Coach shall be entited, a5 Coach's sole remedy, damages ony a provided In Sectons & and 10, Upon termination ofthis Agreement by the Univesity without cause, Unversity shall pay Coach, 2 iqudated damages n aécordance wih te formula set forth below: 4. tf Universiy terminates this Agreement between final execution date and November 30, 2015, Unversity shal pay Coach and Coach agrees to accept Hquidated damages in an ‘amit equa 1: $1,000,000 2. f University terminates his Agreement between December 1, 2015 and November 30,2016, University shall pay Coach and Coach agroos to accep liquidated damages man amount equal to $800,000, lf University terminates this Agreement between December 1, 2016 and November 30, 2017, University shall pay Coach and Coach agrees to accept iquidated damages in an amount ‘equa $600,000, 4. f Univesity terminate this Agreement between December 1, 2017 and November 30,2018, University shall pay Coach and Coach agrees to accent iquidated damages in an amount equal: $400,000 5. Universit terminates this Agreement between December 1,2018 and November 20,2019, University hal pay Coach and Coach agrees to aooop iquidated damages in an amount ‘equal to $209,000. {6 If Universty terminates this Agraement on or after December 1, 2018, Univers shall pay CCoach iquidated damages in an amount equa tothe pro-rated portion ofthe base salary ($225,000) based upon tne lngth of time sil remaining in he Agreement It Agreements terminated by Unversity, Unversty shal not be lable for any other loss ofincome ‘tom any source whatsoever C. University shall have the option of payin these liquidated damages na lamp sum or spread out Into monthly payments provated ver the balance ofthe term otis Agreoment _ Inconsderation of receiving liquidated damages pursuant to his section, Coach covenants not ‘ue, fle any claim, or proceed in any manner agamet University for or an account of any claim of ‘ny nafure whatsoever. This Agreomonl may be pleaded asa full and complete bart any claim, [awstt or athe egal acton. ‘Termination by Coach |A. Inthe event Conch terminates Coach's employment withthe Unversity during the trm ofthis Agfeement or plo othe expiration of any renewals, Univesity shall be discharged of any and all‘urer obligations under this Agreement to Coach. University shall futher be ented, 9 its sole remedy for damages from Coach's eal termina ofthis Agreement only as provided for in Sections 9 and 10 Upon Coach's termination of Coach's employment wih University, Coach shal pay Univers, lquidated damages the folowing amounts: 4. tfCoach terminates this Agreomont botween final execution date and November 30,2015, CCoach shal pay University and University agroos to accept bqudated damages nan amount ‘equal te. $1,000,000 2. If.Coach terminates this Agreement between December 1, 2019 and November 30, 2016, ‘Coach shall pay Unversity and Universty agrees to accept iquidted damages in an amount ‘equal $800,000 3. IfCoach terminates this Agreement between December 1, 2016 and November 30,2017, Coach shall pay Universty and University agrees fo accep iquiated damages in an amount ‘equa $800,000. 4. If.Coach terminates this Agroement between Decamber 1, 2017 and November 30, 2018, Coach shal pay University and Unversity agroos to accop igudated damages in an amount ‘equa to $400,000 5. If.Coach terminates ths Agreement between December 1, 2018 and November 30, 2018, ‘Coach shal pay Unversy and Univaraty agrees to accest lauded damages inn amount ‘equal to $200,000 15 \{Coach taminates this Agreement on or aftr December 1. 2018, Coach shal pay University [quidated damages nan amount equal tothe provated portion ofthe base slay ($225,000), ‘based Upon te length of ime stl remaining nthe Agreement CC. University shall have the option of receiving these quidated damages in a lump sum or spread ‘out n monthly payments prorated aver tha Balance ofthe form ofthis Agreament . Inconsideration of receiving liquidated damages pursuant to this secton, Univers covenants otto sue, fle ay claim, oF proceod in any mannor against Coach for or on account of any clan Dany nate whatsoever. This Agreement may be pleaded asa fll and complete Dar o any Claim, laws of oer legal action. 10. Reasons for Liguldated Damages Tho Parties have bargained for and agreed to the foregoing nqudated damages provisions regarding University’s termination without cause and Coach's teary terminaton, giving consideration to the fect that termination by ether aly under these ‘Grcumstances peor to the Agreement end date spectied In Atcle 2 may cause the other pay to incur Corain esses and expenses, which damages are extremely dffeut to dotormine with cotainty oF ‘adequately The Parbes agree that the Iquideted damages proved for are not a ponalty but are ‘equate and reasonable compensation for damages suffered it Unversity terminates the Agreement ‘without cause orf Gooch terminates. Coach's employment price to the Agreement ond date spociod In ‘tle? ". ligation After Termination _ Inthe event this Agreements terminated, al obligations ‘of each Party under ths Agreement shall cease immeditaly alr such tamination occurs, except forthe liquidated damages expressly provied for in his Agreement and any base salary and incentive ‘compensation, pursuant to section 5, eared as ofthe date of termination. In no case sha Univers be Table to Coach forthe loss of any colatral business, or cuside employment or income opportunites, or fay other los Inlicing conseqvential or nelcental damages) ensuing For he termination oN ‘greement12. Notification of Othor Opportunities If another coaching opportunity is presentod lo Coach, or should Coach be interested in anater coaching or cher postion curing te trm ofthis Agreement, ‘Coach most personaly and promplly not Altic Directo of such opportunity or interest. Per pursue such opportunty shall nt be unreasonably witho 8. 4. Miscellaneous A. This Agreement and any amendments shall not be effective untl signed by Coach, Athetc Director and tne President on behalf of University. 1. This Agreement shall be governed by and construed in accordance withthe laws of Michigan, C. University’s and Coach's rights and inlerets under his Agreement may not be assigned, pledged ‘orencumbere. 1D. This Agreement constitutes the full and complete understanding and agreement of the partes wa respect to tho empioyment of Coach by University and supersedes all pror and subsequent Understandings and apreoments, oral and writen, regarding Coach's employment by Univers, ‘excapt hose wniten amendments, sxgned by Coach, lhe Director, and the Presicent EE. Ifany provision of tis Agreements held by a court of competent jurisdiction tobe inva, voi, or Uunanforeabie, the remaining provisions wil neverbeless continue in ful force and effect without bing impatred or invaldated in any way FF. No wawer by the Parties of any default or breach of any term or condition ofthis Agreement shall be deemed to be a waiver of any olher defoult or breach of the same or any ofr ttm or cenit, . All materals or arcs of information, including, without imitation, personnel records, recruiting ‘ecards, team informaton, fms, stastes or any othor material or dala, furished to Coach by University’ or developed by Coach on behalf of University or at Univesiy’s aecton or for University use or otherwise in connecton with Coach's employment hereunder are and shal remain the cole, propratary, and confidential propety of Univers. Coach may retain one copy ‘of his personal personnel records and play book. Furter, the Univers shall nt interfere wth Coach's ably to gather, relieve and retain all materials crested and derives from Coach's intectual capital relatve to coaching concepts, themes and ideas that were created specially forthe benefit ofthe fotall program. Wenn thee (3) days ofthe expration or termination ofthis ‘Agreement. Coach shall immediately ensure tha such materials In Coach's possession or Convo, along with all ather Univers property such as the University vehicle, cellular phone keys, cards, etc, are delivered to University. H. Coach shall not incur any indebtedness for or on behalf of University nor shall Coach commit o promise, give away, of make any commitmonts or promises or trades or agreoments for Universi resources or uso. of Universty facilities, including, but not limited to, allowing ‘advertsing or promotional activites to occur on Universly promises wahout fst securing he ‘pproval ofthe Athloie Director or other appropriate Unversity administrators), Permission shal nol unreasonably be wild |L_ Nothing contained inthis Agreement shal be construed to constitute a waiver or relinqushment by Universi of ts rah, priveges, and immunses proviced bylaw Notice [Any notices requited or permit to be given under this Agroement shall bo in wring and shal be deemed to have been given onthe earer ofthe day actualy received personaly oF ‘on the day such notice is mailed, postage prepaid, n the U.S mal or other commercial delivery service, ‘adaressed tothe party a the adcress se forth below by one party to the otherTo Coach, ‘Coach's residence To Unversity: ‘Aitete Director, Western Michigan University, Kalamazoo, MI 48008 ‘win a copy o University’s Vie President and General Counsel 18. Acknowledgment, Coach acknowledges that he has read and understands the provisions of this Agrooment, as ad the opportunity to have logal counsel review and advise regarding the provisions Of this Agreement, and that these provisions are reasonable and enforceable. Coach and Universtiy ‘agree to abide by tis Agrooment and tha forme and condtions set forth herein and sign this Agreement voluntary, d 13[1¥/g0r 1d ped edo ws Loli v/oort