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CMU ae "RST AMENDMENT HEFWHEN CRNA. CHIGAN UNIVERSE iva ors ‘Thiet Amendment (horafee “Amondient to the Contract Between Cental Michigan University (hereafter “University”) and Heather Oestere (hereafter “Coach, tobe effective April 1, 2020 (the “Amendment Bective Date), is made between the University and Coach and amonds the Contact beiween te partes that became effective on September 1, 2019 (he “Contact ‘The parties to this Amendment, in consideration ofthe mutual cove sand stipulations set out herein, agree ‘A. Paragraph | (Employment ofthe Contract shall be amended 1 ead as follows: Employment. The University herby employs Coach a full-time Professional & Administative (PSA) ‘employee forthe purpose of conducting an intercollegiate women's basketball program forthe Univesity Throughout the “Teen” ofthis Contract. Coach hereby agrees oe the head coach of the wornen’s ‘basketball “Team throughout the Term ofthe Coatret, Coach's “Term” of employment begins on September 1, 2019 and shal expire ten (10) days following the Team's final game ofthe 2024-25 NCAA Division Women's Basketball season (the “End Date’). During the Term, each period from April 1 Uhrough and including te following March 31 shall be refered to asa "Contact Year” except that the final Contract Year shall conclude the End Date), B._Sub-Paragraph 3(A) ofthe Contract shall be amended to read as follows 1 Coach’s Team has a winning record at the conclusion ofthe season, Coach wil be lump sum payment of eight dhousand dollars ($8,000) for that Contract Yea, C. Sub-Paragrapa3(C) ofthe Contract shal be amended to reads follows If Coach's Team is the regular season champion of the West Division ofthe Mid-American Conference, Coach wil be eligible to receive a lump sum payment of eight thousand five hundred dollars ($8,500) for that Contact Year . A now Paragraph 3(K) shal be added tothe Contact to read as follows Coach ig still an employee ofthe University charged with contacting the wemen'shasketbal peogram after July 1, 2021, Coach wil roceive a twenty five thousand dear ($25,000) retention payment. It Coach continues tobe employed and charged with conducting the Women's basketball program aftr July ofeach subsequent year of the Contac, she wil receive a twenty five thousand ($25,000) retention Payment, except forthe final July 1" ofthe Contact (July 1, 2024 where Coach wil instead be eligible for afi thousand dollar ($50,000) retention payment. Each retention bonus wil be paid in one amp sum within thy G0) days of it being achieved. Each bonus will not bea base slaty increase but shal hea one-time payment Fist Amendment o Contact (CMU / Ostet) 1B, Paragraph 6 (Television/adiojpromotional appearances) ofthe Contract shall be amended to read ss follows: ‘Television/adio'pomotional appearances. University aranges for certain television, radio, and promotional appearances by Coach. Coach willbe pad additional compensation as described in A. through B. below for participation in television, radio, public nd promotional appearances as directed by ‘he Director. This ational Contract Year compensation is due to Coach in pro-rated equal semi- ‘monthly payment forthe periods described below. ‘A. April 1, 2020 March 31,2021: 1B April, 2021 March 31,2022: Sixty Thousand Dollars ($60,000) © Apeit 1.9099 — Mase 31,2008 Sinty Five Thowsind Dollars ($65,000) D. April 1, 2023 — Mac 31, 2024 Seventy Thousand Dollars ($70,000) 1B. Apeil 1, 2024 ~ March 31,2025: Seventy Five Thousand Dollars ($75,000) The third paragraph of Paragraph 8 (Suspension and/or Termination) of the Contract shal be amended to 14 8 follows: (Coach agrees thatthe University shal be permitted to terminate his Contract without Cause (a termination "Without Cause"), upon weitlen notice to Coach, provided thatthe Universit pays Coach the ‘um detailed below ("Universiy's Buy-Out"), which supersedes the provisions ofthe P&A Handbook regarding Termination Payment and vacation payouts. University’s Buy-Out shal be payable in full within sixty (6) days of sid temination. All payments shal be less Coach's portion of Socal Security, and less federal and state withholding. Inthe event ofa temmination of this Contact by the University ‘Without Cause, the University agrees that the payment ofthe University's Buy-Out shall be deemed liquidated damages (and not penal), as sch damages are difficult to presently and accurately estimate. ‘The University's Buy-Out shll he caleulated as ofthe date of termination Without Cause, a follows ‘A. April, 2020 — March 31,2021: ne Million Dollars ($1,000,000) BL April 12021 — Mareh 31,2022: Seven Hundred Fity Thousand Dollars ($750,000) Apel 1, 2022 ~ Maveh 31,2023: Five Hundred Thousand Dollars ($500,000) D. April 1, 2023 — March 31,2004: ‘Two Hundred Fifty Thousand Dollars ($250,000) 1) April 1, 2024 — Mareh 31,2025: “Two Hundred Fifty Thousand Dollars ($250,000) G. The seventh paragraph of Paragraph 8 (Suspension andlor Term to read as follows ion) ofthe Contract shall be amended Univesity agrees that Cosch shall be permitted o terminate this Contract immediately upon written ‘notice o University, provided that inthe event Coach voluntarily terminates this Contract in order to ‘accept another poston as coach, scout, abletiesaminstration in college, ether amateur, or professional sports, sport broadcasting, or oter operations postions of a women’s basketball program a another college or university or any professional women's busketal eam (a "Position", Coach will pay Univesity a buy-out calculated hased on the date of such termination ("Coach's Buy-Out) which “supersedes the provisions ofthe PRA Handbook regain Termination Payment and vacation payouts ‘Coach acknowledges that she shall be obligated to notify the Director in the event she engages in any substantive discussions for ftue employment during the Term. Coach's Buy-Out shal be payable within sixty (60) days of Coach's acceptance of said Position. Coach's Buy-Out shall be ealeulated based on the date Coach accepts another Poston as follows: ‘A. April 12020 — June 30, 2021 One Million Dollars ($1,000,000) BB. aly 1, 2024 —June 30, 2022: Seven Hundred Fifty Thousand Dollars ($750,000) © daly 1, 2022 June 30, 2023 Five Hundred Thousand Dollars ($500,000) D. July 1, 2023 —June 30,2028 “Two Hundred Fifty Thousand Dollars ($250,000) uly 12024 March 31, 2025; “Two Hundred Filly Thousand Dollars ($250,000) Page 2063 Fist amendment to Contract (CMU / Oster) Except as modified or amended by this Amendment, al other provisions ofthe Contract shall remain i ul force and effet. Each party is signing this Amendment onthe date stated opposite hat pty’ signature, to be effective ‘sof the Amendment Effective Date Agreed to: Caner 7 a we By: Michael Alford, Dietor of Ag coAcH, by: Heather Oesterle, Heid Women’s Basketball Coach ce: Human Resources General Counsel 5/6/20? Da T-4-go Date Page 3.013, “Gaal cen Ur aod Wasatch et on ono120s8tnd 228 ean commun A Wem tea cor Woah arf ca 2 taecmont ‘ornare epson ‘powonce hee annie came 1. drrgs oe aid tonics ets 2000 1 es Ou done by ease Tete [APoreechs etapa Updating endo ooe Ga Cop Tey a ebay ‘4 Inaba yeontn oun Meh Une oat ont ae rch oye hye 30 Tora. 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