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[FIRST AMENDMENT TO EMPLOYMENT CONTRACT FOR, [HEAD COACH OF INTERCOLLEGIATE, FOOTBALL. ‘This Fist Anonnet othe ployee ont! tren Bowing Ge Ste ‘Unvenity CBOSU and Set Lefer (COACH) veo ar uy 15,202, Whereas, BOSU and COACH coed ino on wpeymant ont on Novesber 28, 2018 (oe "Coawet; nd Worn fc of ho COVID-19 pede bve made eenry fer BOSU to Ingle cot sings menor ead ‘Warns, COACH wis tories part thin FY 21 slay ppt atts ad ‘Rota operation special fo Cox of Atmuae (COA) nd Fool Nation ‘roam GND pupoey daring 2, ‘Whores B09 mand th implanenution ef fos, COACH wl contin o es prt fit hy 1, 2020~ Tune 30, 202) salary oppor ate oped ‘iin, wih oot feed ey ob oleate npr flog, conmoitie wikia casero ond ny evel ead more tan 3109200 Now, theefreBOSU sl COACH ape ed the Cnt flo 4. Foc Y21 enly, CONCH willbe pid an nal ron slay of Four Hundred “Twenty Fe Thou Dells (825,00, ut reg pyrl wiilinge ok Sibu rough th Unveyregulapyel pos. 2. This lay i On Husk Those Doll 6100000) han CONCH ‘gabe sly tee he Cont. BOSU wl eds hin oho PY 2 otal bd inet, for COA ea FN fete etl em, 3. Thinogoed reenon sum th ensue 2020 foil eo ‘sot med Gin peor) ing FY 21 4. fhe isa otal eanetinn an no Universi ar mane (vig FY 21, COACH ley conten wil be 952,500 5. Tiere isa foetal cansttion and Unive de fou mane “ing FY 21, COACH nay redton wl be esl ths edtton ot ‘gd einen ny tron S00. By my of sel, ie eughed enploye ef COACH sien ed aly lee twee exgesiene a tele (2) pent edn ney, COACH lary retin ‘wold be 83000, 6 TaPY22,COACEY tae my wl vert th amount spied i tb Cannet [WITNESS WHEREOR, th parts, bending tobe lly bound they, have ead ie Fa. io Lie icnicsico 1 IN gees. False Prollosnutee “Jefe Tia Rear, Preidet Diet fired Ae Daw BOWLING GREEN STATE UNIVERSITY EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL ‘This employment agreement (“Agreement”) is effective as of November 28, 2018, and is made by and between BOWLING GREEN STATE UNIVERSITY, a stae-asssted institution of higher education established and existing under the laws ofthe State of Ohio (“the University"), and Scot Loeffler (;COACH"), an individual residing. "The University and COACH may be referred to herein as the “Parties” and each individually a5 “Party This Agreement supersedes any and all prior agreements, discussions, and understandings, \bether oral or written, between the Parties or their representatives with respect tothe subject matter herein ‘The Parties intending to be legally bound hereby agree as follows: 10 IONS 1 Fixed Term of Agreement. This is for 9 fixed-term appointment commencing on ‘November 28, 2018 and terminating, without further notice to Coach, on December 31, 2023, The partes intend that, unless terminated extended in accordance with the terms hereof, this agreement shall cover employment of Coach as head football coach for the 2019, 2020, 2021, 2022 and 2023 intercollegiate football seasons (including post-season ‘championship or bow! game). 1.2 Extensions. This Agreement may be extended beyond the Base Term only upon a written offer from an authorized University official and acceptance by COACH, both of which ‘must be in writing and signed by the Parties in accordance with Section 8.3 (each an “Extended Term”). In no event shall anything in this Agreement be deemed to grant COACH a right to of a claim of tenure for the purposes of continued employment or retention beyond the Base Term or the then current Extended Term, ora right to renewal ‘of the Base Term or the then current Extended Term ofthis Agreement. 2.0 POSITION 2.1 Appointment. The University hereby offers, and COACH hereby accepts, employment by the University as its Head Coach of Intercollegiate Football. Inthe capacity ofthe Head Coach, COACH shal repor to the Director of Intercollegiate Athletics ("DIA") who shall bbe responsible forthe day-to-day management and supervision of COACH. 2.1.1 Pumpose. The Parties acknowledge that while this employments principally sports- ‘elated, the primary mission ofthe University is academic and the primary purpose ofall the University’s legal arrangements, including this employment agreement, is the furtherance ofthe University's academic mission. 22 Personnel Policies. Unless otherwise inconsistent with a term or condition of this ‘Agreement, COACH shall be subject to all personnel policies, procedures and regulations ofthe University 2s may, from time to time, be applicable to administrative staff employees, 23 30 3 including, but not limited to, those dealing with the assignment and reassignment of such staff, ‘Assisiant Coaches. The University shall make a following benefit: lable to Assistant football coaches the (@) A monthly vehicle stipend in an amount determined reasonable by the AVP/DIA in the exeriteof his discretion; and (©) The University shall create a pool of funds, of a reasonable amount, that shall be sufficient to reimburse Assistant Coaches for their actual, reasonable moving expenses. Moving expenses to be paid from this pool shall only be payable to a ‘University approved moving vendor and only for reasonable moving expenses ‘incurred in relocation ta the reasonable vicinity of Bowling Green, Ohio, (©) Consistent with Athletic Department Policies, thee shall be a mutually agreed upon ‘bonus system for Assistant Coaches. When agreed upon, this bonus system shall be reduced to writing and made part ofthis Agreement as Attachment A. DUTIES AND RESPONSIBILITIES Full-Time Duties. COACH shall devote his fulltime attention and efforts to performing the duties of the Head Coach of Intercollegiate Footbal. Such duties are deemed to include, ‘but not be limited to: (a) managing the Football Team to include, but not be limited to, planning, organizing, staffing, directing, and controlling the operations of the Team, the recruitment and coaching of student-athletes, the award/administration of athletic scholarships, and (lo the extent practicable) providing for the academic achievement and good academic progress of student-athletes; (©) preparing, maintaining, and/or submiting in a timely manner, such reports and fecords at may be requited by the University, or the National Collegiate Athletics ‘Association (°NCAA"), Mid-American Conference ("MAC"), of any other athletic conference or association by which the Football Team may be governed; (© promoting the University’s athletic program, in general, and the Football Team, in partcula, including, but not limited to, raising funds for the University, personal appearances and speeches at both University and non-Universty events, working. with the media, attending conventions, conferences, meetings, and other development everts, and participating in such other activities a5 may be directed by the DIA; and (4) promoting and maimiaining an atmosphere for NCAA and MAC regulatory compliance within the Football program and monitoring the activites regarding HEAD COACH OF INTERCOLLEGIATE FOOTEALL "ROSU and Sot Lote Page 2of 18 32 33 34 compliance of all Assistant Coaches and others who report ditectly or indirectly to COACH, (©) Maintain an environment that is focused on, promotes and reasonably ensures student-athlete health, safety and welfare; (©) Coach shall report to BGSU"s Title IX Coordinator any known violations of SU's Sexual Misconduct Policy (including, but not limited to, sexual harassment, sexual assault, sexual exploitation, intimate violence and staking) that involve any student, faculty, or staf or that is in conection with a university sponsored activity ot event. If BGSU's Tile IX Coordinator is not available, then Coach shall make such report to BGSU's Vice President for Student Affairs. Any emergency situation should be immediately repored to 911 and/or law enforcement For purposes ofthis Section 3.1(¢)a “known violation” shall mean @ violation or an allegation ofa violation ofthe Policy that Coach i aware of or has reasonable cause to believe is taking place or may have aken place; Conflicts. COACH shall not directly or indirectly own, manage, contol, render services Tor, or be associated with any business, enterprise, or activity that: (a) is in competition ‘with the University or any component thereof; (b) is selling goods or services to the University; or (©) would conflict with or prevent COACH ‘rom complying with the requirements of Section 3.1 dealing withthe performance of his duties. ‘Comporiment. Except as otherwise required by law, COACH shall not, by affirmative act ‘or negligent omission, engage in any activity or conduct, or fail to take appropriate action, that has the purpose or effect of reflecting unfavorably on the University, or causing ‘embarrassment to the University, or otherwise detracting from tie University's reputation, the reputation of the University’s athletic program, or the reputation of the Football program, ‘Compliance and Standards of Conduct. COACH agrees to abse-ve, uphold, and promote: (®) the academic standards, requirements, and policies of the University (eluding, but ‘ot limited to its Code of Ethics and Conduct and the ethics laws ofthe State of Ohio) and to encourage members ofthe Football Team to perform to ther highest academic potential, obtain the highest grades commensurate with that potential, and graduate ina timely manner, (©) University employment policies with specific application to assistant coaches and others under his director indirect supervision; (©) tues, regulations, polices, and decisions established or issued by the University’s Intercollegiate Athletics Department and the University including, but not limited to, those dealing with the acquisition of goods and services by the University and the licensing ofits intellectual property; and EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BOSU and Seot Loeffler Page 3 of 18 38 36 40 41 (® the constitution, bylaws, and interpretations of the NCAA. the MAC, and/or any other athietic conference, organization, or association that BGSU is subject to or pan of. Consequences focNon Compliance. If COACH is determined tobe in violation of NCAA tues and regulations, COACH shall be subject to disciplinary or remedial action as set forth in the NCAA enfarcement procedures. In addition to the foregoing, if COACH has committed or knowingly permitted a significant, repetiive, or deliberate violation of NCAA, MAC, or University policies, rules and regulations: (a) COACH shall be subject to suspension (with or without pay) under this Agreement for such period of time as the ‘University may deem appropriate; or (b) this Agreement may be terminated for just cause. ‘Any action for such suspension or termination shall be conducted in accordance with the provisions of Section $.1 of this Agreement. Representations. COACH warrants and represents that he will comply with all applicable laws, rules, and regulations ofthe United States, the State of Ohio, and such other local governments that may have jurisdiction over the University and the conduct or performance of COACH under this Agreement. COACH furthec warrants and represents that as ofthe effective date of this Agreement and of the date of his signature below, he has never been determined to be in violation ofthe constitution, bylaws or interpretations fof the NCAA, the MAC or any other NCAA Conference, or any other athletic conference, ‘organization, or association. COMPENSATION ay. As further descrited in Sections 4.1.1, 41.2, and 4.1.3, COACH shall be entitled to the following compensation: (a) base salary ("Base Salary"); (b) incentive pay based on the performance ("Performance Bonuses”) of the Football Team (the Team”); and (©) home game incentive bonuses. All such compensation from the University are subject to deductions and withheldings for state, local and federal taxes and for any retirement oF ‘other benefits to which COACH is entitled or in which be participates. In addition to the ‘compensation described in the frst sentence of this Section 4.1, COACH shall also be ‘entitled tothe deferred compensation described in this Section 42. 4.1.1 Base Salary. COACH will be paid an annual gross salary of Five Hundred Twenty. Five Thousand and 00/100 Dollars ($525,000.00) prorated for periods of service Jess than a full year. 4.12 erformance_Bonus. COACH shall earn the following bonuses based on achievement of the events described for each (2) Pesformance Incentives - COACH shall receive the following bonuses. based upon the performance ofthe Team: (0) $7,500, ifthe Team wins five (5) MAC games; and EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL. 'BOSU and Scot Lote Page oft 2) $25,000, if the Team wins six or more (64) MAC games; and @) $25,000, ithe Team becomes MAC Division Champion; and (4) $32,500, ifthe Team becomes MAC Champions; and (5) $25,000, ifthe Team makes a Post Season Bowl Appearance; and (6) $12,500, i the Team wins a Post-Season Bow! game; (7) $5,000, if BGSU has a player named MAC Player-of-the-Yeur, and (8) $12,500, if COACH is named MAC Coach-of the-Year. ‘The aggregate total ofall possible performance based incentives tha can be earned under this agreement for any year shall not exceed $145,090. (®) Academic Incentives - COACH shall receive a bonus based on the average academic performance of the Team, a follows: (1) $10,000, ifthe Single year APR is inthe top $0% of the MAC; (2) $12,500, if the Single year APR is above the national average for FBS; @) $10,000, the federal graduation rat isin the top 50% of the MAC; (4) $12,500, ifthe federal graduation rate is above the national average for FBS. ‘The aggregate total of all possible academic based incentives that can be armed under this agreement for any year shall not exceed $45,000, (©) In the event that any future or amended state or federal law, rile, oF regulation, or NCAA or MAC rule or regulation should 1) prohibit the payment of any bonus listed; 2) render any bonus illegal or ineffectual; or 3) subject BGSU toa penalty or assessment or violation of law if suct bonus ‘were to be paid, BGSU will, to the extent possible, revise such bonus or substitute an altemative incentive payment that would allow for a similar {economic benefit to be provided to COACH while preserving for BGSU as. much of the bargained for institutional benefit as reasonably possible 4.1.3 Performance Bonuses eared under this Section 4.1, any, shall be paid to COACH. not later than February 1th following the season ia which such bonus was eared, EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BGSU and Scot Later Page Sof 18 42 43 Al such bonus payments shall be subject to regular payroll withholdings and shall bbe made through the University’s regular payroll process. Standard Benefits. Except as provided in Section 4.3, COACH shall be entitled to standard University employee benefits available tothe administrative staff of the University. Such benefits include, but are not limited to, vacation and sick leave, employee health and group life insurance benefits and optional coverage for COACH'S family, and contributions to ‘an available retirement program under a “State retirement system”, as defined in Ohio R.C, '3305.01(B), or the “alternative retirement system” established under Ohio R.C. 3305.02, ‘As required by statute, COACH shall contribute to his retirement account each month ‘through withholding from his paycheck. 42.1 COACH shall ean and accrue paid leave in accordance with the provisions of the University's Administrative Safi Handbook, as it may from time 10 time be amended or otherwise modified, except that COACH will not be allowed to carry ‘over unused paid leave from one year to future years. There shall be no payout from, any acerved but unused paid leave banks upon COACH'S separation from ‘employment. ‘Supplemental Benefits. n addition to the standard benefits described in Section 4.2, COACH will be provided with the following supplemental benefits. All or some of these benefits may be subject to income reporting on the appropriate Internal Revenue Service forms as provided for by Section 4.5: (@) Automobile and_cell stivend. At the discretion of the DIA, COACH shall be provided either: (I access to one (1) courtesy ear; or (2) a stipend with a value of, ‘$450 per month. COACH shall be the primary driver of the vehicle. A cell phone ‘stipend in the amount of $50 per month shall be provided. (©) University Golf Privileges. COACH shall have playing privileges at Stone Ridge Golf Club without the payment of green fees. (©) Moving_and_Temporan ing_Expenses; Residency Requirement. The University agrees to: (1) pay a University-approved vendor dtectly for moving expenses associated with moving and relocating Coach and Coach's family and household goods. The University’s obligation under this section isto pay for expenses that are necessary, reasonable and actually incurred after prior approval of the University provided that, such direct expenses are invoiced to the University by COACH, Maximum allowable amount is $15,000 and must be invoiced to University by May 31, 2019, (2) The University shall provide COACH $750 per month to assist with a temporary house, for a maximum of three (3) months after arrival in the Bowling Green area. If availeble, the University shall provide temporary EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'ROSU and Scot Loe Page 6of 18 44 University owned housing, in close proximity to the main campus and free of ‘charge for ninety (90) days, for COACH and immediate family. (@) Game Tickets. COACH shall receive up to 10 season tickets for BGSU heme Football Team games and up to 10 season tickets for BGSU home basketball games, (©) Useof Account. COACH shall receive a credit ofa leas $5,000 a year for perscnal spending or football staff allocation with the University’s then current sportswear apparel sponsor. (Bee Waiver. As of the effective date of this Agreement, COACH and his spouse ‘and dependent children are qualified for the University’s fee waiver benefit pplicable to undergraduate and graduate course of educational instruction offered ator through the University (8) University Purchase Card for business purposes. (%) Obligation to previous employer. COACH may have a financial obligation to his, previous employer as a consequence of his accepting employment with the ‘University. The University shall reasonably assist COACH, directly or indirectly, to defray costs he incurs arising from that obligation. The manner in which the University will fll this obligation will be mutually agreed upon by the Director of Athletics and COACH, However, in no event shall the University's obligations ‘under this sub-section exceed a total value of $160,000. ‘Qoporunites to Earn Outside Income, Subject tothe requirements of Section 3:2, COACH, shall have the opportunity to earn outside income as provided for in this Section 4.5. In accordance with NCAA By-Law 11.2.2, sources of outside income are limited to inceme from; annuities; spots camps; housing benefits (including preferential housing arrangements); country club memberships; television and radio programs; endorsement or consultation contracts with athletic shoe, apparel or equipment manufacturers (“Outside (2) General Provisions Conceming Outside Income. The following general terms and ‘conditions shall apply 10 each instance that COACH seeks to make arrangements. tocam outside income while within the employ of the Department of Intercollegiate Athletics: (Such Outside Activities shall not interfere with the Full and complete performance by COACH of his duties and obligations as a University Employee, recognizing always that COACH'S primary obligations and alliance of fair dealing and good faith rest with the University and its students EMPLOYMENT CONTRACT FOR ‘MEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BGSU and Scot Looe: Page Tot 18 4s 46 In no event shall COACH accept or receive directly or indirectly any money, benefit or aay other gratuity whatsoever from any person, corporation, University booster club or alumni association of other benefactor ‘if such action would. violate NCAA. legislation or the constitution, bylaws, rules, and regulations or interpretations thereof ofthe NCAA or the MAC as now or hereafter enacted. Changes of such legislation, constitution, bylaws, rules, regulations ot interpretations shall automatically apply to this Agreement without the necessity of a written modification. Gi) COACH shall obtain the advance writen approval of the President and the DIA before entering ino such agreements for Outside Activities, which approval shall not be unreasonably withheld. All Outside Activities involving use of University facilities, resources, or the name of the University shall be the subject of a separately negotiated and weitten agreement between the Parties. (iv) Such Outside Activities are independent of COACH'S University employment and the University shall have no responsibility or liability for any claims arising therefrom. COACH agrees to indemnify and hold harmless the University, its trustees, officers, employees, and agents, from any and all claims based on or arising out of such Outside Activites (b) Disclosure of Outside Income, On or before June 30 of each year, COACH shall report in writing to the President of the University, through the DIA, all income ‘earned from Outside Activities during the preceding twelve (12)-month period. The University shall have reasonable access to all records of COACH necessary (0 verify such report. ‘Taxes. The University shall provide COACH an IRS form W-2 for that portion of his ‘Compensation and benefits subject to withholding and an IRS form 1099 for that portion of compensation and benefits that are not subject to withholding. The University is not a guarantor of the taxable status of the compensation and benefits described in this Section 0. Accordingly, should pastor all of such compensation and benefits ever be treated by any taxing authority as if t were “taxable” even though not reported to such authority by the University, COACH agrees to indemnify and hold harmless the University from any taxes assessed against him, including any penalties, fines, expenses, of assessments with respect tothe aforementioned consideration, Performance Incentives for_Coaching_and_Support_Staff- Consistent with Athletic Department Policies, there shall bea bonus system for Assistant Coaches and suppor staff 2s set forth in Attachment A. This Schedule shall remain in effect through the term ofthis ‘Agreement and shall reward various competitive and academic team achievements. HEAD COACH OF INTERCOLLEGIATE FOOTBALL "BOSU and Scot Loefer Page Bot 18 $0 TERMINATION BY UNIVERSITY For purposes ofthis Section 5.0, any reference to Coach's termination of employment by BGSU {or any form of the phrase “termination of employment”) shall mean Coach's separation from. service within the meaning of Section 409A of the Internal Revenue Code of 1986, as amended {the Internal Revenue Code, and Treasury Regulation Section | 409A-1 5.1 Termination by University for Cause. Prior o the expiration of the Base Term, or the then Curent Extended Term, this Agreement may be terminated by the University for either. 5.11 COACH'S Incapacity, Such incapacity shall be deemed to exist if COACH is ‘unable to perform the essential functions of his responsibilities and duties with or without reasonable accommodation; or 5.1.2 Just Cause. Just Cause shal be determined by the President, with the advice of the DIA. The President shall have the authority fo order the immediate suspension of COACH from his duties, with or without pay, pending termination of this ‘Agreement. Inthe event of a suspension without pay, any suspension longer than thiny (30) days shall be presumed to be a termination by the University for Just ‘Cause. In the event a suspension without pay does not lead to a termination of ‘employment, then Coach shall be made whole for any back pay withheld, 5.1.3 Definition, For purposes ofthis Agreement the term “Just Cause” shall include one (or more ofthe following: (i) a significant, repetitive, or deliberate violation by COACH of his job responsibilities and duties or refusal or unwillingness by COACH to perform such responsibilities and duties in good faith and to the best of his abilities; Gi) COACH'S conviction of ora plea agreement to any felony or any criminal offense involving fraud, harassment or mora turpitude; or (ii) COACH'S commission of any act which results in a material injury tothe reputation of the University. (iv) if COACH has committed a significant, repetitive, or deliberate violation of any law, rule, regulation, constitutional provision, policy, bylaw or interpretation ofthe University, the MAC, of the NCAA; (W)__ if COACH has knowingly permitted, by action or inaction, a significant, repetitive, or deliberate violation of any law, rule, regulation, constitutional provision, policy, bylaw o¢ interpretation of the University, the NCAA or the MAC, by @ member ofthe athletic department staff, coaching staff or EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BGSU and Scot Lefer Page Dot 18 52 ‘any other person under COACH'S supervision and direction, including student-athletes (vi) conduct or activity by COACH that violates the provisions of Section 3.3, (Comportment); (vil) Failure by COACH to promptly teport to BGSU’s Title IX Coordinator or the Vice President for Student Affairs any known violations of BGSU's ‘Sexual Misconduct Policy (including but not limited to, sexual harassment, sexual assault, sexual imposition, sexual exploitation, intimate violence and stalking) that involve any student, faculty, or staff or that is in connection ‘with a university sponsored activity or event, For purposes of this Section 5.1.3(vi), a "known vielation” shall mean a violation of an allegation of a violation that COACH is aware of or has reasonable cause to believe is taking place or may have taken place; or (will) any other cause under Ohio law adequate to sustain the termination of a University administatve staff employee. S.A4 It is recognized that this subssection 5.1 encompasses findings or determinations of violations during employment of COACH at BGSU or any other institution of higher learning. S.L.5 As required by NCAA Bylaw 11.2. and its subparts, COACH is hereby notified that in addition to the actions BGSU may take in accordance with this agreement, COACH is also subject to disciplinary or corrective action by the NCAA as set forth in the provisions of the NCAA enforcement procedures if ‘COACH is found by the NCAA or BGSU to be in violation of NCAA Bylaws 5.1.6 Notice, f BGSU is considering terminating this agreement for cause under this Section 5.1, it shall give COACH an opportunity to explain the circumstances from bis point of view before termination, unless the circumstances are so ‘heinous that, in BGSU's reasonable judgment, it would be impossible for COACH to justify his actions. 5.17 If BGSU terminates this agreement for cause under this Section 5.1, i shall give writen notice to COACH of its intention to so terminate this agreement ‘Termination for Cause/Loss of Compensation and Benefits In the event this agreement is terminated for cause under 5.1, COACH shall not be ented to receive any further compensation or benefits under this agreement which have not been earned as of the date of termination. In no case shall BGSU be liable to COACH for the loss of any collateral business opportunities, or any other benefits, perquisites, income oF consequential damages suffered by COACH as a result of BGSU's proper termination for cause of COACH'S employment. [HEAD COACH OF INTERCOLLEGIATE POOTBALL 'BGSU and Scot Loefier Page 10ot Is 53 sa 55 Procedure. If COACH or members of his staff, are found by the University 10 have ‘committed a major violation of NCAA rule and regulations whether while employed by the University or during prior employment at another NCAA member institution, COACH andior his staff shall be subject to disciplinary or corrective action as st forth inthe NCAA. enforeement for significant or repetitive University, MAC Conference, of NCAA violations, 53.1. Inthe event te University initiates a termination ation (or immediate suspension Prior to a termination decision) pursuant to Section 5.1, the University wil natty COACH of such action, in writing, and shall specify the reasons for such action (ae "Notice". The Notice o COACH shall afford him a reasonable period of time, in the discretion of the University, to respond to such reasons and to identify petsons and/or documents that may be probative of relevant issues, The failure to respond tothe Notice in atimely manner shall by itself be deemed to constitute Just, Cause for termination. If response is received in a imely manne, the Unversity shall have ten (10) days to render a final termination decision, provided tha, the President, in hisMber discretion, may extend such time period as she deems ppropriae under the circumstances. ‘Consequences, In the event this Agreement is terminated in accordance with the provision Of tis Section 5 and its subparts all obligations of the University to make further payment and/or to provide any other consideration hereunder shall cease as ofthe end of the month in which such termination is effective. If this Agreement is not terminaied after the imposition ofa suspension under this Section 5, the University may, inthe exercise of its discretion, reimburse COACH for his lst University compensation if any, during the time of suspension, Termination by University Without Cause. Prior tothe expiration ofthe Base Term, or the then current Extended Term, this Agreement may be terminated by the University Without Cause. For purposes ofthis Agreement the term "Termination Without Cause” shall mean 8 termination for the convenience of the University and for reasons other than those described in Section 5.1 55.1 Procedure. A Termination Without Cause shall be effectuated by delivery to COACH of a written advisement of the University’s intent to terminate this ‘Agreement, for other than incapacity and Just Cause (the “Advisement"). Such ‘Advisement shall provide at least thirty (30) days notice before such termination becomes effective. In its discretion, the University may place COACH on administrative leave or may require him to report directly tothe DIA. 55:2 Consequences. Subject to the provisions of Section 5.52.2, if the University exercises is righ to terminate the Agreement under this Section 5.5, the University shall pay to COACH. as liquidated damages, an amount equal tothe anaval base salary that would have been paid to him forthe balance of the contract term or extended contract term, but for the termination. The University shall make any payments due under this section in monthly installments and shall issue an IRS Form 1099 for such payments. The parties agre thatthe there aze two objects of| EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BOSU and Seat Loffier, ee IT of 18 ‘such payments: (1) to make COACH whole forthe salary he would have been paid ‘but for the termination without cause in advance of the contract end date; and (2) providing that forthe pert nent time petiod, COACH does not receive a gross salary ‘that exceeds the salary BGSU would have paid but for the early separation from ‘employment, With those two objects stated and agreed upon, payment in such ‘ctcumstances shall be coaditional on the following actions by COACH: COACH shall execute a release and waiver of claims in favor of the University, its Bourd, officers, and employees ina form to be provided by the University Duty to Mitigate; Determination of Damages. The University's obligation to pay any amount under Section 5.5.2 shall be aubject to COACII'S exetcising reasorable diligence to mitigate his damages and COACH hereby agrees to mitigate such damages by making reasonable and diligent efforts to obtain comparable employment, such as a football coach at @ university or witha professional sports team, as soon as reasonably possible after termination of this Agreement that is effected under this Section 5.2. 5.2.3 Should COACH obtain new employment prior to December 31, 2023, oF the end date of any Extended Term), the amount of liquidated damages owed by the University under this Section 5.5 shall be reduced and extinguished by and to the extent of any compensation COACH earns or receives from any new employer from the termination dat until December 8, 2023, (or the erd date of any Extended Term) 5.5.24 COACH hereby warrants and represents that he shall contact the DIA for [BGSU, in writing. immediately upon obtaining such new employment. For ‘purposes of this Section the term “employment” includes the provision of seevices for compensation, whether by a contract of employment, {employment at-will, or through a consulting contractor as an independent contractor/consultnt The Parties have bargained for and agreed to the liquidated damages provision of Section 5.5.2 giving consideration tothe fact that termination fof the Agreement by the University without cause prior to its stated ‘expitation may cause COACH to lose certain benefits, supplemental ‘compensation, or ouside compensation relating (o his employment atthe University, whick damages are difficult to determine with certainty. The Parties further agee that the payment of such liquidated damages by the University and acceptance thereof by COACH shall constitute adequate, reasonable, and complete compensation o COACH for any and all damages and injury he may have sustained arising out of his recruitment, employment or rmination by the University, The liquidated damages provided for herein ate not, nor shall be construed tobe a penalty EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BOSU snd Scot Lefer age ot Ie 60 61 62 63 64 5.6 COBRA and Other Benefits. Nothing conlained herein is intended to adversely affect in any way, COACH'S tights under law to (1) continued health insurance, pursuant to the provisions of the Consolidated ‘Omnibus Budget Reconciliation Act (Public Law 99-272, Tile IX); and (2) any other legal right he may have pursuant to an “employee benefit plan’ as such term is defined under Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended. ‘TERMINATE CH COACH may terminate this Agreement prior to its expiration ofthe Base Term or the then ‘current Extended Term, subject tothe following: Permission to Negotiate, The Parties agree that should another employment opportunity requiring, the performance of duties similar to the duties required hereunder (“New Employment”) be presented to COACH, or should COACH be interested in New Employment during the term ofthis Agreement, COACH must promptly notify the DIA of such opportunity or interest before any discussions may be held by COACH with the Principals who may offer, or influence the offering of that opportunity, and COACH shall first eceive the written permission of the DIA, which permission shall rot be unreasonably withheld. Notwithstanding the provisions of the preceding two sentences, such permission shall not be required: (a) if COACH received a Notice pursuant to Section 5.1.2 or an ‘Advisement pursuant o Section 5.2.1; or (b) there is one hundred eighty (180) days or less remaining on the Base Term or then current Extended Term andthe University has advised COACH of its intention not i extend this Agreement further ‘Written Notice of Termination. If in compliance with Section 6.1, COACH may terminate {his Agreement by giving the President and the DIA thirty (30) days advance written notice fof his intention to terminate. Such notice must include COACH'S employment plans following the termination of employment withthe University ‘Termination of University’s Obligations Under Agreement. Upon termination of this ‘Agreement by COACH and payment of all amounts then owing by the University to ‘COACH pursuant to the terms ofthis Agreement, all obligations owed by the Univesity to COACH under this Agreement shall cease as ofthe effective date ofthe termination, Liguidated Damages. COACH acknowledges that the University has made a valuable investment in his recruitment and relocation to Bowling Green, Ohio and that the University is making a valuable investment in his continued employment by entering into this Agreement. Further, COACH acknowledges that the University's investment would be lost were he to resign or otherwise terminate his employment prior to the expiation of the Base Term or the then current Extended Term of this Agreement [EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BGSU and Seat Loefler 65 10 mM 12 13 ‘Accordingly, COACH agrees that in the event that he resigns or otherwise terminates his ‘employment withthe University prior tothe expiration ofthis Agreement and is employed ‘ris performing services for another institution's athletic program or professional sports team, the University shall receive liquidated damages as follows (®) $1,000,000, if COACH terminates his employment between December 15, 2018; land December 15, 2020; oF (©) $750,000, COACH terminates his employment between December 16,2020; and December 15, 2022: (©) $500,000, if COACH terminates his employment between December 16, 2022; and December 15, 2023; ‘Termination For Cause by COACH. COACH shall have the right to terminate this ‘Agreement for cause in the event that BGSU, without cause, fails 10 pay in a timely ‘manner any compensation, benefits or other consideration stated in Section 4 owed and/or payable 1o COACH pursuant to the terms hereof, provided that COACH provides BGSU writen notice of such alleged failure to pay and provided that BGSU fails to cure such alleged breach with thirty (30) days of such written notice. GOVERNING LAW Ohio Law. This Agreement shall be interpreted, controlled, and enforced in accordance ‘withthe laws of Ohio. A Party may only commence an action against the other Party in @ court of competent jurisdiction located in Ohio. The Parties to this Agreement hereby ‘submit to personal jurisdiction in Ohio forthe purposes of enforcing this Agreement. ‘Amicable Resolution. Prior to commencing any litigation by one Party against the other over a disputed matter, the Parties agree tha they will meetin good faith forthe purpose ‘of seeking an amicable resolution, provided that, nothing contained herein shal be deemed to prevent elther the University or COACH from secking legal or equitable relle from a court of competent jurisdiction as, may be allowed by law, to protect their respective intellectual property rights or reputation in the commonity during the pendency of such mutual dispute resolution efforts. Limitation on Damages. In no event shall the University be liable to COACH for any indirect, special or consequential damages, compensation or 1oss of profits, loss of any ‘outside or collateral business opportunities, anticipated revenue, savings or goodwill, or ‘ther economic loss of COACH, of any costs, enpenses or interest related thereto, under any theory of law or equity, arising out of or in any way related to this Agreement or his recruitment or employment by the University even if advised of the possibility thereof. COACH shall be restricted to actual loss and the limitations on damages specified in Sections 3345 40 and 2743.02(A)2) ofthe Ohio Revised Code. EMFLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL 'BOSU and Scot Loefer Page beat 18 14 al 82 83 84 85 86 87 ‘Time for Filing. In any claim for damages arising hereunder or arising under his ‘employment with the University, COACH agrees that any claim of lawsuit relating to an alleged breach of this Agreemeat, or the provision of his services to the University, mast be filed within six (6) months after the date COACH learned or reasonably could have learned of the breach or employment action that is the subject of the claim or lawsuit. COACH waives any statute of limitations tothe contrary. OTHER TERMS AND CONDITIONS Boatd_of Tustec Approval, COACH'S employment is subject to approval by the University’s Board of Trustes, rohibition on Assignments. COACH'S rights and interests under this Agreement may not be assigned, pledged or encumbered by COACH, [Entice Agcecinent; Modifications. This writing contains the entire Agreement of the Parties. No representations were made or relied upon by any Party other than those ‘expressly set forth herein. No agent, employee, or representative of a Panty is empowered to alter, modify, waive, or supplement any of the terms in this Agreement unless such alteration, modification, waiver, or supplement is done in weiting and signed by the signatories below, or other authorized persons designated, in writing, by such signatores, ‘The Parties hereto waive the right to amend the provisions of this section orally, ‘Survival of Obligations. The obligations of the University set forth in this agreement are personal to COACH and shall not inure tothe benefit of his heirs, assigns or survivors upon COACH'S termination, resignation, or death ‘Severabiliy. If any provision hereof shall be deemed invalid ot unenforceable, either in whole or in part, this Agreement shall be deemed amended to delete of modify, as necessary the offending provision in order to render it valid and enforceable. ‘State Instumentality, It is expressly agreed and understood between the Parties thatthe University is an instrumentality ofthe State of Ohio and that nothing contained herein shall, be construed to constitute a waiver or elinguishment by the University ofits right to claim such exemptions, privileges and immunities as may be provided by law, Ownership of Materials. All materials or articles of information, including without limitation, personnel records, marketing and development materials, recruiting records, ‘Team information, films, statistics, or any other material or data, furnished to COACH by the University or developed by COACH on behalf ofthe University oat the University's rection or for the University’s use or otherwise in connection with COACH'S ‘employment hereunder are and shall remain the sole and confidential property of the University. Within ten (10) days of the expiration of the term of this Agreement or its {termination as provided herein, COACH shall immediately cause any such materials i his possession or control to the delivered to the University. COACH and assisiant ‘coaches are entitled to keep personal playbooks upon departing BGSU. EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL "BOSU snd SeotLaefer Page 15 f 18 88 89 Notices. All notices, demands or other communications of any type given by either Party hereto shall be void and of no effect unless given in accordance with the terms of this Section 8.7. All notices shall be in writing and delivered tothe person to whom the notice is directed, either in person (provided that such delivery is confirmed by the delivery person), or by United States mail, postage prepaid, as a Registered or Certified item, return receipt requested. Notices delivered by personal delivery shall be deemed to have been given atthe time of such delivery and notices delivered by mail shall be effective when ‘eposited in a Post Office or other depository under the care or custody of the United States Posial Service, enclosed in a wrapper with proper postage affixed and addressed as provided below. The proper addresses of the Parties hereto ae as follows: IE. the University: President Bowling Green State University 220 McFall Center Bowling Green, Ohio 43403 ‘With 9 copy to: Director of Intercollegiate Athletics Bowling Green State University Sebo Athletic Center Bowling Green, Ohio 43403 Each Party reserves the right to change the designation of is representative specified in {his Section 8.7 by a unilateral modification to this Agreement signed by that Party's signatory below and forwarded tothe other Party's representative pursuant to this Section 87, [No Third Party Beneficiaries, Obligors or Obligees. Other than generally applicable insurance and death benefits, this agreement does not and is aot intended to coafer any rights, obligations or remedies upon any person other than COACH and BGSU ACKNOWLE! NT By signing this Agreement COACH is acknowledging that fe has carefully read and fully understands the provisions of this Agreement and that he has been advised to seck the advice of his personal atorney prior to his execution ofthis Agreement. COACH further acknowledges that he has not lied on any representation or statement, writen or ora, not set fort inthis Agreement and that he is signing this Agreement knowingly and voluntarily, without coercion or duress. EMPLOYMENT CONTRACT FOR 'BGSU and Sent Loetier Page 1 of 18 the remainder of this page left intentionally blank} IN WITNESS WHEREOF, the Paris, intending tobe legally bound thereby, have executed this ‘Agreement on the dete indicated below under their respective signatures. Bi loetNer Mee Le ing. Dae t ChE VG jodney K, Rogers President ‘Bob Moosbrugier Direcon of lteollgiate Athletics I Date EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL. "BGSU aod Sot Loefter Page IT of 18 ATTACHMENT A. Assistant Coach and Support Staff Bonus Language for COACH'S contract, Page left blank pending completion of Attachment EMPLOYMENT CONTRACT FOR HEAD COACH OF INTERCOLLEGIATE FOOTBALL [BGSU and Seo Lett Page Ibot 18 Attachment A Assistant Coach and Support Staff Bonus Language for Football: * Ehgibe support staff wil be identited atthe ciscretion of the Director of Athletics ** academic suppor staff only ‘Bonus Metric ‘Assistant Coaches, Directors | lgible Football and Coordinators not to | Support Staff + exceed twelve persons) +* WAAC Dwiior Champions $2000 300 MAC Champions $1000 ‘$1000 Post Season Bow Appearance $2000 $1000 Single Vear APR above the $2000 3500" National Average for FOS | Federal Gradsation Rate above | $1000 ‘the National Average for FBS Performance based bonuses shall be pad based on the availabilty of funds and are subject to final approval bythe Presidents Office. + Wo person eligible for bonuses under this policy shall receive a bonus or service in mote than one position, "Eligible individuals shall be named in Attachment 8, Attachment B Assistant Coaches, Directors and Coordinators (not to exceed twelve persons): Lovie Addazio (Assistant Coach ~ Tight Ends) Erik Campbell (Passing Game Coordinator ~ Wide Receivers Jalan Campenni (Assistant Coach — Defensive tine) Chit Hedden (Assistant Coach — Running Backs) LaMarcus Hicks (Assistant Coach Secondary) ‘Terry Malone (offensive Coordinator ~ Offensive Line) Steve Morrison (Associate Head Coach — Linebackers) ‘via Passy (Director of Football Operations) Jake Schoonover (Special Teams Coordinator -Safeties) Kevin Tobert (Head Football strength & Conditioning Coseh) Brian VanGorder (Defensive Coordinator) 'Mox Warner (Asistant Coach ~ Quarterbacks) Performance based bonuses shall be pad based on the avallabilit of funds and are subject to final approval by the President's Office, BOWLING GREEN STATE UNIVERSITY EMPLOYMENT CONTRACT FOR ‘This employment agreement Agreement”) is effective as of July 1, 2020 and is made by and between Bowling Green State University, « state-asssted institition of higher education inte Say mee 0 aa a ee Pee | HERBIE he Universty and DIARW may besefanea rdeach indivi asa "Party. ‘This Agreement supersedes any and all prior agreements and memoranda of understanding, whether oral or writen, between the Parties or their representatives with respect fo the subject rater herein ‘The Parties itending tobe legally bound hereby agree a follows: 10 TERM AND EXTENSIONS 11 Base‘Texm of Aesesment. Unless earlier terminated pursuant to Sections 3.5,5.00€ 6.0, or ‘xlended in accordance with Section 1.2, this Agreement shall be effective July 1, 2020 ‘and shall continae in force and effec forfour (4 years and shal, unless renewed, terminate ‘on Sune 30, 2024 (the "Base Term 11.1. As used in the Agreement the term "Contract Year” shall mean the twelve- (12) ‘month period beginning July 1 and ending May 31 ofthe following year. 1.12 Asused in the Agreement, the tem “Academic Year” shallhave the meaning given to itin the official annual University calendar. 1.2 Bxteouons. This Agreement may be extended beyond the Base Term upon an offer from the University President as approved by the University Board of Trustees end acceptance bby DIARW, both of which must bein writing and signed by the Parties in scordance with Section 8.3 (each an "Extended Term"). In no event shall anything in this Agreomeat be deemed to grant DIARW & right to or a claim of tenure forthe purposes of continued ‘employment or relention beyond the Base Term or the then curent Extended Term, of ‘ight to renewal ofthe Base Term or the then current Extended Term of this Agreement 20 POSITION 21 Appointment. The University hereby offers, and DIARW hereby scoepts, employment by the University as ite Director of Intercollegiate Athletics, Recreation, and Wellness C’DIARW"). Inthe capacity of the DIARW, DIARW shall repo the President of the ‘University (the "President’), who shall be responsible forthe dayto-day management and supervision of DIARW.. 22 23 3 orsonnel Policies. Unless otherwise inconsistent with a term or condition of this ‘Agreement, DIARW shall be subject to all personnel policies, procedures and egulations of the University applicable to adminstative staff employecs, as they may be amended from time to time, iacluding, bu not limited to, those dealing with the assignment and reassignment of such staff. Eurloush. For avoidance of doubt, DIARW willbe subject to the University’s fulough policy, ait may be amended from time to time, on the same bass as other administative staff employees. DUTIES AND RESPONSIBILITIES ullqTime Duties. DIARW shall devote his fulltime attention and efforts to performing the duties outlined i this Agreement. DIARW shall comply with all applicable University policies, procedures and rules. Such dutics wo deemed to include, ‘but not limited to, managing the intercollegiate athletic programs and activities of the University, marketing fundraising, activites designed to promote the University’s athletic programs end the eeademic achieveroent of is student-athletes, managing the recreation ‘2nd welloess programs and facilities of the University, and such other dues as may b tssigned by the President. In this role, DIARW shall report directly to the University’s President and shall serve on the President's Cabinet ‘3. DIARW's duties shall generally include, but not be limited 10, the supecvision, 3, and administration ofthe Aibletics Department and its facilities with the still and professionalism ordinarily essociated with an athletics director at ‘major university that participates atthe level of the National Collegiate Athletic “Association (the “NCAA”) Division I (FBS), the Mid-America Conference (the "MAC", the Wester Collegiate Hockey Association (the “WCHA"), and any ther athletic associations or conferences of which the University is a member. “Those duties include, but are aot limited to, the ticketing, budgeting, scheduling, fiscal mazagement, promotion of the Athletics Departments programs, recruitment, supervision, training, discipline, and evaluation of Athletics Department staff and DIARW's maintenance and observation of institutional control over every aspect ofthe Athletes Department programs and compliance by the Athletics Department {in accordance with athletic astociation/conference rules and University rues DIARW shall encourage student-athletes to perform 10 thir highest acedemic potential obtain the highest grades commensurate with that potetial, and graduate Ina timely manoer. 3.12. DIARW sll also be the chief administrative office forthe personne, services, and financial resources of the Department of Recreation and Wellness and programs end fciities including the Stadent Recreation Center, Pery Field House, ‘and lee Arena, DIARW's doties shall generally include, but not be limited to, providing strategic leadership to Recreation and Wellness programs; developing an fannual budget that ensures financial sustainability, recruitment, supervision, (caining discipline, and evaluation of Recreation and Wellness staff, oversight of facility maintenance, renovations and development; pursuit of extemal faxding Opportunities; and promotion of Recreation and Wellness ‘0 the campus, the surrounding community, and outside groups and organizations. 3.13 DIARW shall tothe extent it doesnot imerfere with his duties as DIARW, assist in the planning and implementation of development activities in conjonction with University Advancement and perform such other general duties and responsibilities ‘85 may be assigned from time to time by the President of he University. 3.14 DIARW shall submit all Intercollegiate Athletics and Recreation and Wellness ‘employment contracts tothe Presdeat for approval. 32 Conflicts. The DIARW shall not directly or indirectly own, manege, control, render ‘services for, accept any thing of value from, orbe associated with any individual, business, ‘enterprise, or activity tha: (a) is in competition with the University or any component ‘thereof; (bis selling goods or services tothe University, (¢) would ecatct with the Ohio ‘Buhics Laws in Chapter 102 and Sections 2921.42 and 2921 43 of the Ohio Revised Code: ‘0t (d) would conflict with or prevent the DIARW from complying with the requirements ‘of Section 3.1 dealing withthe performance of his duties. 3.3 Comportment. Bxoept as otherwise required by law, DIARW shall not engage in any sctvity or conduct that has the purpose ar effect of reflecting anfavornbly on the ‘University, or causing embarrassment tothe University, or otherwise detecting from its ‘Teputation or the reputation of the University's athletics and recreation and wellness Programs, 34 Standards, DIARW agrees to observe, uphold, and promote: 34.1 the acedemic standards, requirements, and polices ofthe University (including, but ‘not limited to lis Code of Ethics and Conduct), in furtherance of Section 3.4.1, DIARW shall read and vadestand the University’s tedent Sexual Misconduet Poticy, Polley No, 3941-241 (te “Policy. ‘DIARW shall report to the University’s Tle IX Coordinator any known violation ofthe Policy including. bat nt limited to, sexual or gender-based harassment, sexual asa, sexual misconduct, domestic or ita partner violence, stalking, end retaition) tht ‘volves anystodeat, faculty, or staf or that i in connection witha university sponsored activity or event. If the Tile IX Coorinatr i not avilable, then DIARW shall make such report tothe Tite IX Deputy, any deputy Tile IX Coordinator he Chief Diversity and Belonging Officer. Any emergency station shoud bs immediately ‘reported 0 911 andor law enforcement. For purpoes ofthis Seton 34.1.1 a -kaown olation” shall mean a violation or an allegation ofa violation of the Policy hat DIARW ‘TOWLING OREBN STATE UNIVERSITY EMPLOYMENT CONTRACT FOR ROBERT MOOSBRUOGER, DIRECTOR OF INTERCOLLEGIATE ATHLETICS, RECREATION, AND WELLNESS Page Sof 5 {is avere of or has reasonable couse to believe is taking place or ray have taken place andi any suspected Probibed Conduct at define in the Policy: 342. University employment policies with specific application to DIARW's and athletic eparment and recreation and wellness staff; 3.43. rts, regulations, policies, and decisions established or issued by the University including, bot not limited to, those dealing with the acquisition of goods and services by the University; and 3.44 theconstituton, bylaws and imerprtatios of the NCAA, MAC, WCHA, and any ‘other athletic associations or conferences of which the University is a member, and ‘University rules and regulations relating to the management and administration of ‘he University's Intercollegiate Athletics and Recreation and Wellness Department. 3.5 Conscausaces for Non-Compliance. If DIARW is determined tobe in violation of NCAA, rules and regulations, DIARW stall be subject to disciplinary o remedial action as eet forth in the NCAA enforcement procedures. In adtion tothe foregoing, if DIARW has commited or knowingly permited a significant, repetitive, or deliberate violation of NCAA, MAC, WCHA, or University policies, ules and regulations, or those of eny other athletic asvocition or conference of which the University is a member: (a) DIARW shall be subject to suspension (wth or without pay) under this Agreement for such period of {ime as the University may deem spproprits; or 2) this Agreement may be terminated for ‘ustCause Any action for such suspension ox ténnation shall be conducted in accordance ‘with the pevisons of Section 5. ofthis Agreement. 3.6 Rensesenutions. DIARW warrants and represents that he will comply with all applicable laws, roles, and regulations of the United States, the State of Ohio, eed such otber local governments that may have juisdicion over the University and the conduct ot Performan of DIARW under this Agrocment. DIARW farter warts and reprevents {bats ofthe effective date of this Agreement and ofthe date of his signature below, he ‘nas never been determined to be in violation ofthe constitution, bylaws oF interpretations ‘ofthe NCAA, tbe MAC or any other NCAA Conference, the WCHA, or any oer alec ‘conference, organization, o association of wich te University isa member. 49 COMPENSATION 4.1 Pay. DIARW shall be ented to the following: (s) Base Salary ("Base Salary"); and (b) Sncentve pay ("Performance Bonuses"). All such payments from the University are subject to deductions and withholding for state, local and federal taxes and for any retirement of ‘ther benefits to which DIARW is eatiled or ia which he participates. All compensation ‘hall be paid only through the University's usual payroll system. 4.L1 Base Salary. Commencing on July 1, 2020, DIARW will be paid a Base Salary of ‘Twenty Two Thousand Nine Hundred Fifty and 00/100 ($22,950) per month of ‘BOWLING GREEN STATE UNIVERSITY EMPLOYMENT CONTRACT FOR ROBERT MOOSERUGGER DIRECTOR OF INTERCOLLEOIATE ATHLETICS, RECREATION, AND WELLNESS, Page dot 1S 42 ‘euch Contract Year (equaling Two Hundred Seventy Five Thousand Four Hundred. ‘and 00/100 ($275,400) per Contract Year), prorated for periods of service tess than. ‘fall Contract Year, for services and salisfactory performance ofthe terms and. ‘conditions of this Agreement. DIARW shall be eligible to eam the following Performance ‘Rerformance Bonuses. Bonvses based on achievement of the evens described for each. However, the total Performance Bonus compensation that DIARW may eam in any Academic Year shall not ‘exceed Seventy Five Thousand and 00/100 Dollars ($75,000) forthe Academic Year 42:1. Contibutions tothe Falcon Club Scholarship and Success Fund. Commencing on July 1, 2020, the DIARW shall receive a bonus inthe amcunt noted herein forthe Percent increase of total donations made to the Falcon Club Scholerahip and Success Fund as compared to the fotal eontibotions mide to the Pind forthe receding Contract Year: @ $5,000 if Falcon Club Scholership and Success Fund donations increase by 108, i) $5,000 if number of major donors increases by 10%; a “major donor" is ‘over or obscure ay porn ef ary NIKE trdoar, fe HSE Prous wom by Team ano Sal ‘mombars ss egured urd fie Pagan i amas hth purpose of ue Correct and e8 ‘Ratoral breech bie ConractRKE soxromledos a otbatanangaryeing as Pogaph ag Tum Seti Cnt {o ba contrary, eal may wear nonatiate lstweut o appar (a, business at) connacton ‘ht oft des an et woe such apparel tl nl conti a reach ol Ba Paragraph 3. PRODUCT ORDERING & DELIVERY. Al produc o be suplod by NKE herouncer hat be ‘Sehvrad F018. te Unharay. Only prope subied eda om be Adi Drool or et ig te reg, the Univers aconfadpes tat product defer ay be stagpued in accordance wi a my eed priory sche 4. ADVERTISING APPROVALS & USE OF GAME PHOTOSFOOTAGE. Inthe overt NIKE does Ue ho sensed Mar, Designs or Geme Pos or Foxaye nay extemal dering, NRE Shatacomit a saree of suc hnenced we foe Usteray for thorova pio ecu amare ‘Be suck approval acto be uveasonay wana. NRE acknowiges fa the igh ine Same Prion nr Game Footage i ute! appcae NCAA nes and rgatone wh espe ‘epeton of ee able In comecton heewth st KE’ equate be Urry tal pert totem costar wan te Cones Game Praca on Gone Foxage wred de Conley be Univers, witout une fe, ern rasancle stare and et age 5, RIGNTS OF FIRST DEALING & FIRST REFUSAL, (@) _ALNIKE's request mace no ata than sity 6) éays prt oh enpaton dt of ts Contac, {ln el oro pro ty (0) ae noo wn NE goad ah wh ope {0 ba tors a rorawal of Os Cart. ‘The partes shl rol be bapa to oli on ‘preement I ty cant setle on mataly satsociry lame. Pror te Ap 2010 (ho ‘Brcuave Negosaing End Dae), te Unversity sa nt (ot shal the Urea perm gents, atemey of represses to) engage In scissor nepoions yi ey ti ‘Bey ropordg product spl wn reaped ls any Prec, cr sponsors of ay Cover ‘rogram ("ata supty or Peorl rage’) wih respec! Yo any Precis, at ‘commence afer De exon ois Gorrack (©) During tha tem bret an fo pt f ene hundred and ty (180) dye teen, NKE ‘hat hav We gt of fat reluel tr Pret Suppvendrsenert os allows Ifthe Urvrsy feces any bora fie Pis- party ora ary tne oo far fe Exlutre Hepetelng Ena Dain th rspec lo any Prodct Supeynaaaoment the Unterety shal sabato NIKE By fro net he Uriveray In wing wl eran e new corral we Uv [Snide notes vorblt he Uriarty Pha aus; mecsurable and ateabie me ‘teu party er, NIKE to rattan the Univers wit euch "Say pata, he {erty shat ere no conract wah NIKE on tho tars of NME's ofr IT NIE a ot Seainoe to mah or tot ho maura asia ad etch ome f 242s rc pay ‘ter win sch 8-dy ped, be Univarsty may Devas coaurmate on agremont wih ‘iene pary on tha te of be oer maselo the Unverey. Prior he Excushe Negotasig End Dat, to Untorty shale volt, conler or presario NIE, and NIE ‘Sha tbe cated i respond ey apt tro any Predeet SuppyEncoeren 6. RIGHTS OF TARMMNATION. (a) The Unhorsy shal have tho right eterna le Central mediately upon wen nace to INE 0 NIKE ecputcatednsivnt or cate tenner) RICE sale nets brwen of tie Convac, when Broach NICE fats cr, earl, win ty (30) dey IKE receipt arta ates fom the Unive specng wh reach, (©) NIKE sha have the ght o ornate Bie Contact immedelay upon writen noice o the ‘Unvosiy i () Taam None or Sia mantis alo wear of use NIKE Produce von ‘ot Paragraph 2 above, er wear NKE Products sre, pated er taped In vito of ho age Tu at Coe frovblens teoot: the Unheraly shall ben mater broach of is Contr ich teach {he Une fal ear, cra, wn tty (90) day of te Unveserecap of wan ‘oten rom NIKE spcing shires. boven rmiatn ner Os Pera, e ‘Urivrsy hat fet any acued purcese re 7. RIGHT TO USE OF LICENSED MARKS EXPRATIONTERMINATION. Upen sepkton o& {maton of ths Conc or any reason, NK sel have te its exhaut al chrserg ond ‘Pomoloral mata besteg aafor adn th Licarced Maks ander Desigator thal were Frosied prof he afcis Gal f extn rtrneton. RobeBhcanding te forezdrg, NIKE ‘at hove the Hoh 1 use hn perpty and wot recticton, for iota, aaielona ‘commemorate purposes, iocape, mc pheloaphs showing NKE Preduts proved unde Ne Conroe 8 REPRESENTATIONS, WARRANTIES. The Univrsy represents and warants tat (0) haste fu lope ht aed autor oer io a uy prin Wis Conactin accrue wh fs nd io ‘Gari fe NE aes gard hero) naar the Univers ar any Staff member party 10 ‘Ziy‘ca er wlan agrerant conc or undortandg that would revert ae der Be ‘pevomenes of any Sbligatonsherewcsr ofthe Univers or Sta member) Th Unters ‘Rrber repens and warans tat dng the arn herett vl rein eerewcon wih ay Covered Prop: () sponsor, endorse, callow an Saf member to sponsor oF endorse, Procite 08 By fry moafctue or sor of Prot whan NIE, i) rer. o eo ay Sa mamba 0 Serta, sry endoreamert, prmotorah consuls ot shar apeamart Tncleang he lo of Sorage x ober medi) with ary marafacrar er solr of Produc ober fast NIKE tal ‘mandactrr, sts Louey os brandsaenie o Feat 8, NOTICES. Any nota of trac or dafaut shall be in wig end deumed ohn # sintposiage Popa va rogoore or cariod mal by ved fcana vanarisson or hond etary, By Siprast courte sevice wih conimed dave. 10 te broschirg pty alo rosa el th cow ues wit nolo ofa chogo of sdrecs has bean prove) end shall be doomed hve been gr atthe tne ks sen propery adresse ard posed TNIKEDSA fe Bowing roan Sata Uavony ne Bowerman Ose ‘610 Saaum Ove Beaverton, OF 9708-6459. Bowling Gro, OH 43403, Dh Unga Dept, Contac Specatat- | Ate Dros of Atos ‘Sports tahatng COE (Pred 0 6008464026) Wit a Copy: Bong Gren Sata Unio {08 Par Avena Bowing Green, oF #3409 ‘Ato: Draco Bneas Opens 10. CONRDENTIALTY. The Univrty shal et (ror shal 1 peri or cause ks egont, oma, Sconnlant,regresetaves o employee fo) elas Be Earle ler mala ore of {Consect ony ipa, wh the exception only of the Univeral agen soroye, sours, represents or omplybes, exert ao may be requed by lw, dud ths Open Reads Laws of {Me Stal Ono. Tle Pargraph shal wave to expen or amination of Cones ‘MISCELLANEOUS. Noting contahod In is Contac shall bo canstued as esablshing & ‘nership. epency or fot vertu elatrship otiwon to partes. Every prove fis Coast ‘Several. Tho fs and obtgatone grate under is Grace pertnal to ech oa Rea ‘2d chai be aseigned dleated ay Uiaparty wut Uw px ean eater of Be na signing party eacept et NICE may ey asin or delegate ngs and obigatons © ay eny ‘tenn ne NIE Group. This Cora may be execs tmutanecue In oe o ae curorpars, ‘acho wich eallbe dows an org ba a hoger sel eons oe a te same iperomen. Tie Cont shel conatuta to ene understindng Detoon he Uso ond NIE ‘2 may not be steed or maciog cxcpt by awn agrecmot ned by buh prs. Any prove agreements betwen he pars hal have 00 tr fre ec aap Ta oy Cone

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