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‘DocuSign Envelope ID: 662409C2-DABE-4204-628F-640320088297 AUSTIN PEAY ‘April 1, 2021 Nate James RE: Memorandum of Understanding (MOU): Head Men’s Basketball Coach Dear Mr. James: itis with great pleasure that | offer you the position of Head Men's Basketball Coach for Austin Peay State University, effective April 5, 2021. This Memorandum of Understanding (MOU), which presents the material terms of our offer, will be incorporated into a formal Employment Agreement for execution at the earliest possible date. Your acceptance of the terms of this MOU shall constitute a binding agreement between you and the University until replaced by the executed formal Employment Agreement. ‘Term: 5 years; extension criteria will be at the discretion of the University Contract Year One (April 5, 2021 through June 30, 2022) — to be paid at the annual rate of $295,000 Contract Year Two (July 1, 2022 through June 30, 2023) - $295,000 Contract Year Three (July 1 2023, through June 30, 2024) -$300,000 Contract Year Four (July 1 2024, through June 30, 2025) - $310,000 Contract Year Five (July 1 2025, through April 30, 2026) -$310,000 Coach James shall receive a signing bonus in the amount of $10,000 on May 1, 2021. Signing bonus deemed earned in full upon execution of this MOU. Retention Bonus * $15,000 to be paid on May 1, 2023; deemed earned effective May 1, 2023 * $15,000 to be paid on May 1, 2025; deemed earned effective May 1, 2025. Performance Bonuses (a) National Championship game appearance ($25,000) (b) Final Four appearance ($20,000) (c) Sweet Sixteen appearance (7,500) (a) NCAA Tournament appearance ($10,000) (e) NIT Tournament appearance ($2,500 K) (f) OVC Regular Season/Conference Champion ($5,000) Department of Intercollegiate Athletics + P.O, Box 4515 + Clarksville, TN 37044 P: (931) 221-7904 « F: (931) 221-7830 + LetsGoPeay.com DDocusign Envelope ID: 66249962-DABE-42C4-928F-640320C08297 AUSTIN PEAY GOVERNORS (g) OVC Coach of the Year ($2,500) {h) 20.0r more wins in regular season ($2,500) (i) Increase Men's Basketball home paid attendance by 20% over previous year ($2,500) (i) Balanced Men's Basketball Budget ($1,500) {k) APR of 940-949 (51,500) staring with the 21-22 school year (i) APR of 950-959 ($3,500) starting with the 21-22 school year (rm) APR of 960 or more ($5,000) starting with the 21-22 school year {n) Team GPA of 3.0 or higher per semester ($1,000) starting with the 21-22 school year {o) Team GPA of 3.25 or higher in Fall and Spring terms ($2,500) starting with the 21-22 school year "Performance bonuses are cumulative, but bonuses earned may not exceed $25K annually. Bonuses are to be paid no later thanJune 30" of each year. Bonuses deemed earned upon the ‘occurrence of the triggering event. ssistant Coach Salary Pool ‘The Assistant coach salary pool is $300,000 for Contract Year One. This pool includes three (3) assistants and one (1) Directorof Operations. For all other Contract Years, the University and Coach James shall have good faith discussions regarding annual increases to the assistant coach salary pool, such increases not to be unreasonably withheld by the University, but in all events such increases shall be subject to available University budget. Notwithstanding anything to the contrary, the parties agree that in no event shall the assistant coach salary pool be less than $300,000 for a Contract Year. Other Terms: ‘© Coach James agrees to play a minimum of $225,000 in game guarantees each basketball season, Earnings above $225,000 and below $300,000 will be added to the Men’s Basketball Discretionary Budget. ‘© If the Men’s Basketball Program plays more than $300,000 in Guarantee Games, 60% will be used to enhance the Men’s Basketball Program Budget and 40% goes to the Athletic Department. ‘© Full standard benefits on the same terms as provided by the University to all Exempt professional employees. ‘¢ Moving allowance of $15,000, in accordance with University policy and state law, Department of Intercollegiate Athletics + P.O, Box 4515 + Clarksville, TN 37044 P: (981) 221-7904 « F: (931) 221-7830 + LetsGoPeay.com DDocusign Envelope ID: 62486C2-DABE-42C4.920F-£4020C88237 AUSTIN PEAY Coach James shall receive a $1,200 monthly housing stipend for up to 12 months starting when he arrives in Clarksville. Thereafter, the housing stipend shall be renewed on a Contract Year basis provided funding is available, and University shall use good faith efforts to secure said funding Department of intercollegiate Athletics « P.O. Box 4515 + Clarksville, TN 37044 P: (931) 221-7804 « F: (931) 221-7830 « LetsGoPeay.com ‘Docusign Envelope ID: 66249802-DABE-4204-926F-€40320088237 AUSTIN PEAY ‘GaveRNons ‘© Athletics gear allowance of $500 annually, which will be subject to applicable taxes. ‘© Clarksville Country Club membership for business purposes, with dues and monthly fees paid from private contributions in accordance with University policy and IRS tax code. © One dealer-provided automobile, as best that can be secured by the University, for which Coach James shall maintain insurance and be personally responsible for negligent operation. © Camps On an annual basis Coach James may elect to operate a private basketball camp. For all activities related to the private basketball camp, Coach James shall be responsible to cover all costs or expenses incurred by the University as a result of, his camp. These include, but are not limited to, expenses related to use of, University staff and facilities (e.g., track, weight room, and swimming pool, gymnasium, outside practice facilities, residence halls, and dining room) for the ‘camp. Coach James agrees to obtain advance permission to use University facilities for his camp from appropriate University personnel. In no event shall Coach James be required to pay any amount that exceeds the approved rates charged by University for general use of its facilities. Coach James agrees that when conducting his private basketball camp, he will provide the following camp-related information to the Athletics Director prior to basketball camp being advertised: dates, number of participants, lodging, meals, and University facilities that will be utilized. ‘The University does not guarantee any revenue from Coach James private basketball camp. Since the camp shall be a private venture, Coach James shall not indicate directly or indirectly that it is a University-sponsored basketball camp, and no goods or services shall be solicited or acquired in the name or credit of the University or based on the University’s tax-exempt status. Coach James shall be responsible for payment of all expenses related to the camp, including payment for supplies, clerical support, counselors and staff. Coach James shall carry adequate liability coverage and all other appropriate forms of insurance, pay all taxes incident thereto, and protect and hold harmless the University from all iability that may Department of Intercollegiate Athletics + P.O. Box 4515 + Clarksville, TN 37044 P: (931) 221-7904 + F: (931) 221-7830 + LetsGoPeay.com DDocuSign Envelope ID: 6249902-DASE-42C4-828F-640320088237 AUSTIN PEAY GOVERNORS occur or arise out of the camp. With the exception of any damages, injury, or loss created, caused by, or attributed to the University or any of its employees, Coach James agrees that under no circumstances shall the University or its agents or employees be liable for any damages, injury or loss related to his private camp. Coach James agrees that under no circumstances outside of those listed herein shall the University or its agents or employees be liable for any financial loss related to his private basketball camp or any other commercial venture for any reason, including but not limited to as a result of termination of this agreement. Coach James shall be responsible for ensuring that all camp and camp activities are conducted in conformity with applicable NCAA rules and regulations and University policies, procedures, and guidelines. Coach James must also continue to perform the duties and responsibilities of head coach while camp is. underway. Termination Without Cause: In the event of termination without cause, the University shall pay Coach James the remaining value of his contract if terminated between 3/22/21 and 6/30/2022. If terminated between 7/1/2022 and 6/30/2023 the University shall pay Coach James $650,000. If terminated between 7/1/2023 and 6/30/2024 the University shall pay Coach James $400,000 and if terminated between 7/1/2024 and 4/30/2025 the University shall pay Coach James $300,000 and if terminated between 7/1/2025 and 4/30/2026 the remaining base salary value on the contract at time of termination. This will be payable over a 24-month period subject to applicable taxes. ‘Termination for Cause: If terminated for cause, Coach James shall be entitled to receive compensation through the last day of the calendar month in which his employment terminates. Voluntary Termination: In the event that Coach James elects to voluntarily separate from University service prior to the expiration of this agreement, as it may be amended, and within eighteen (18) months of his separation or prior to the then-remaining term of the agreement (whichever first occurs), accepts a coaching position at another college, university or professional basketball organization or team, the University shal be entitled to payment from Coach James of an amount equal to the following 100% of remaining value of this contract if Coach James accepts a head coaching position at another Department of intercollegiate Athletics « P.O. Box 4515 + Clarksville, TN 37044 P: (931) 221-7904 « F: (931) 221-7830 « LetsGoPeay.com ‘DoouSign Envelope ID: 62499C2-DASE-4204.626F-€4D320C68257 AUSTIN PEAY GOVERNORS college or university prior to 6/30/22; ‘50% of remaining value of this contract if Coach James accepts a head coaching, position at a Non-Power 5 university after 6/30/22; 35% of remaining value of this contact if Coach James accepts a head coaching position at any Power 5 university after 6/30/22; 20% of remaining value of this contract if Coach James accepts a coaching position with a professional basketball organization after 6/30/22; or {$100,000 if Coach James accepts a head coaching position at another college or university or a coaching position with a professional basketball organization at any time during Contract Year Five. Coach James shall make such payment within 180 days of the termination of this contract. ‘The parties acknowledge that while this MOU is sports-related, the primary mission of the University is education and the primary purpose of all the University’s legal arrangements, including this MOU, is the furtherance of the University’s educational mission. These terms are in force, pending execution of a Head Men's Basketball Coach Employment Agreement. By signing below, Employee agrees to the ‘material terms outlined in this document and agrees that these terms will be incorporated into the Head Men’s Basketball Coach Agreement, which the parties shall promptly negotiate in good faith and execute within sixty (60) calendar days of April 5, 2021. However, this MOU will remain in effect as the contract if an Employment Agreement is not signed within sixty (60) calendar days. The parties acknowledge that, upon full execution, this MOU is a public record subject to disclosure. Itis with great enthusiasm that | offer you the position of Head Men's Basketball Coach at Austin Peay State University. Assuming that you are amenable, please indicate your acceptance by signing below. Sincerely, Sy Gerald Harrison Director of Athletics Department of Intercollegiate Athletics « P.O. Box 4515 + Clarksville, TN 37044 : (931) 221-7904 « F: (931) 221-7830 + LetsGoPeay.com DDocusign Envelope ID: 6€2499C2-DABE-42C4-928F-640320C88297 AUSTIN PEAY ‘GOveRNoRS | accept the terms of the Memorandum of Understanding for the position of Head Men’s Basketball Coach for the University and agree to perform these duties in compliance with all applicable laws, University policies, regulations and rules and the bylaws and regulations of the NCAA and Ohio Valley Conference. Donte Made. James 43/2021 Nate James Date Department of Intercollegiate Athletics « P.O. Box 4515 + Clarksuille, TN 37044 P: (931) 221-7904 + F: (934) 221-7830 « LetsGoPeay.com DocuSign Envelope ID; 862498C2-DABE-4204.928F-640320008297 AUSTIN PEAY OVERMORS Department of Intercollegiate Athletics + P.O. Box 4515 + Clarksville, TN 37044 P: (931) 221-7904 + F: (931) 221-7830 + LetsGoPeay.com

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