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RSITY EMPLOYME (Coach Dan Muller HEAD BASKETBALL COACH This Employment Contract ("Contract") serves to memorialize the terms and conditions of employment between the Board of Trustes of Mlnois State University ("University") and Dan Miller. Subject to the terms and conditions contained herein, the University hereby employs Dan Muller as Head Basketball Couch (Coach) 1, Term of Employment The term of this Contract commences on July 1, 2017 and terminates on April 18, 2024 (the “Term’), subject to, and conditioned upon, appropriation from the Llinois legislature and subject, to termination in accordance with the provisions set forth in this Contract. Each period from April 19 through and including the immediately following April 18 during the Term shall be referred to as a "Contract Year"; except thatthe first Contract Year shall be from July 1, 2017 through and including April 18, 2018, 2. Compliance 2.1 Coach shall comply with all applicable laws, statues, regulations, rulings, rules or enactments, and University policies and practices that are applicable tothe services described in this Contract. Coach shall comply wit, and this Contract shall be subject to any and all laws, rules, rulings, regulations and enactments _govering the University including, without limitation, those ofthe NCAA, and the Missouri Valley Conference. If while employed by University, , Coach is {ound in violation of NCAA regulations, be shal be subject to disciplinary oF corrective action as set forth inthe provisions ofthe NCAA enforcement procedures, including suspension without pay or termination of employment for Significant or repetitive violations (as per NCAA Bylaws, Article 11.2.1). The University represents that it employs a fulltime compliance officer to assist the University coaching staff with NCAA and conference compliance matters. Notwithstanding anything to the contrary contained herein, in the event the University desires to terminate this Contract (or seek to enforce or impose any type of disciplinary or corrective action) as a result of any breach ofthis Section 2.1 by Coach, such termination (or other permited disciplnary or corrective ‘action shall only be permitted pursuant to Section 5.2.1 ofthis Contract and/or NCAA Bylaws, Article 11.2.1 3. Duties and ites. ‘Coach is hereby employed by the University and is appointed to the position of Head Basketball ‘Coach atthe University by the Director of Intercollegiate Athletics ("Director"). Coach will ‘serve in this position atthe discretion ofthe Director, subject to the terms and conditions ‘contained herein 3.L Conch shall diligently perform, on full-time basis, any and all duties teascnably ‘necessary r incidental tothe position of high-level NCAA Division I Men's Head ‘Basketball Coach, for the purpose of sustaining a successful collegiate men's basketball program at Ilinois State University (the "Basketball Program or the ‘Basketball Team") during the Term of this Contract. Coach will ensure that any ‘outside activities iv whicl he participates do not materially interfere with Bis full- ‘me commitment to Hlinois State University. 3.2 Subject tothe terms contained herein, Coach will perform all administrative, public relations, reeriting and other duties (collectively, ‘Dutis") normally attributed to the position of Head Basketball Coach as further specified by the Ditector of Intercollegiate Athletics of Illinois State University and as defined in the job description for the Head Basketball Coach at Dlinois State University which is incorporated by reference inthis Contract. The Director of Intercollegiate Athletics ‘may from time to time, in meaningful consultation with Coach, modify that job escription (without demotion, re-assignment or loss of compensation) in accordance with the customs and standards normally provided for Head Basketball Coaches. Coach shall have discretion to determine what actions are most beneficial to the Basketball Program in the event that Coach's responsibilities recuire the simultaneous performance of two or more activities. During the Term of this, Contract, those duties, at # minimum, shall include the following: 3.2.1 coaching, administering, and recruiting the Basketball Team in a manner to effectively compete in the National Collegiate Athletic Association (NCAA) and Missouri Valley Conference (MVC) conference and tournament play; 3.2.2. diligently direct and assist inthe enforcement of and compliance with the academic policies established by the University and any ofits authorized ‘agents including monitoring and encouraging the regular progress of studentathletes on the Basketball Team toward a degree and the establishment and enforcement of disciplinary rules; 3.2.3 diligently direct and monitor the compliance of the Basketball Program ‘with all applicable governing constitutions, policies, bylaws, rules, and regulations of the University, the NCAA and the MVC. For the avoidance ‘of douby, Coach is not responsible for supervising, directing, overseeing, ot ensuring the accuracy of the actions or findings of the University’s ‘compliance office; 2 3.24 competently and diligently performing all reasonable duties as may be required by the Director of Intercollegiate Athletics or his designee in ‘connection with the supervision and administration of the Basketball Team: 32.5 recommending the hiring, termination and compensation of employees, including but not limited to assistant coaches, involved in the Basketball Program, but all such decisions shall be subject to the approval of the Director of Intercollegiate Athletics and in accordance with any applicable University policies, but Coach shall be consulted prior tothe termination of| any employees involved in the Basketball Program, The duties of any employee involved in the Basketball Program shall be assigned by Coach, ‘but Director retains final authority over the employment of termination of| any intercollegiate athletics’ employees. Notwithstanding anything to the contrary contained herein, in the event the University desires to terminate this Contract (or seeks to enforce or impose any type ‘of disciplinary or corrective action) asa result of any breach ofthis Section 3.2 by: ‘Coach, such termination (or other permitted disciplinary or corrective action) shall ‘only be permitted pursuant to Section 5.2.1 ofthis Contract and/or NCAA Bylaws, Amticle 112.1 In addition, during the Term of this Contract, Coach shll provide suc fundraising, public relations and similar services as may be reasonably requested with reasonable advanced notice by the University, as well as those services listed below (collectively, “Services"), subject to Coach's availability and approval. Coach ‘agrees that the University has the exclusive right to any and all of these services, unless otherwise provided herein. The University shall use good faith efforts for such appearances to be commensurate with Coach's role as a Division 1 Head Basketball Coach. Coach shall not be required to endorse any person, product, service or cause in connection with any Services hereunder. 3.3.1 Coach shall operate the University's Summer Basketball Camp and will, provide all services necessary or incidental to such camp each year. Coach shall operate this camp at atime and date mutually acceptable to Coach and the Director of Intercollegiate Athletics and in accordance with University Athletic Department camp policy incorporated herein by reference. The University agrees that all profits of said camp shall be the sole and exclusive property of Coach, The University agrees that all operation costs shall be ‘equivalent to other sports holding summer camps atthe University 33.2. Coach shall be available for a reasonable number of radio and television. appearances, as requested by the University. These appearances may include, but are not limited to, pre-game and post-game appearances, weekly radio and television shows, 34 35 36 37 33.3. Coach shall be available for educational, public relations, consulting and [promotional events as reasonably requested by the University, subject to Coach's availabilty and approval Coach agrees that all duties anu services performed forthe University shall comply ‘with Section 2 of this Contact Coach recognizes thatthe Head Basketball Coach isa highly visible representative of Mlinois State University and that his actions and conduct reflect upon the reputation, integrity and credibility ofthe institution. Therefore, Coach understands that he conduct himself in a manner that will advance and not materially detract from the integrity, credibility or reputation of the Univesity, it being understood that, by way of example, game conduct resulting in a technical foul against Coach ‘or an ejection shall not constitute a violation of this section During the Term ofthis Contract, Coach agrees that University shall have the right 10 use his name, likeness, and image solely in promoting and developirg the University’s Basketball Program, the athletic program, and the University, including, but not limited to the following: any and all forms of media (whether ‘writen, electronic, wireless or any other medium) as well as any University ‘sponsorship or licensing agreements provided that: such use shall not be it. poor ‘tase or reflect negatively upon Coach, and the University will ot associate Coach’ inane, likeness and/or image with any person, thing or activity that in Coach's resonable judgment may be deemed lewd, immoral, tasteless, or otherwise ‘ofzusive, without Coacr’s prior writen consent, which consent may be wituheld jn Coach’s sole discretion. Except as otherwise provided in this section, the University shall nt use Coach's name, likeness and/or image for any other purpose, ‘Couch shall report to the Director of Intercollegiate Athletics or a designee of the ‘Director during the Term ofthis Contract to advise and inform the University about ‘the duties and services described herein, as necessary or appropriate and as ‘otherwise requested to do so. 4, Compensation {In consideration for the services and rights granted by Coach under this Contract, the University shall provide Coach with the following: 4a Salary. Beginning July 1, 2017, Coach's guaranteed (subject to the terms of this ‘Contract) base salary shall be $514,000 per annum through Tune 30,7018, which amount shall be paid in equal monthly installments, of as otherwise in accordance Wwith University’ normal payroll procedures (as communicated to Coach), Beginning July 1, 2018, Coach's base salary shall be $564,000 per annum through Jute 30, 2019. Coach's salary increases will be renegotiated in good faith by the ‘Paties forthe remaining Contract Years (but in any event, such base salary shall ‘not be less than $564,000 per annum ). The annual amount indicated above shall ‘be refered t0 as the "Annual Salary” of Coach, “a

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