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This tended Employment Agreement is entered into by and between Mi EXTENDED EMPLOYMENT AGREEMENT University (/Miani") and Jack Owens ("Coach") this th day of May, 2021. This Extended Employment ‘Agreement supersedes and replaces the Employment Agreement between the parties dated March 29, 2017. The partes agree as follows: 1.0 Employment 1 12 13 ry 1s 20° Term 22 ‘Subject tothe terms and conditions ofthis Agreement, Miami shall employ Coach as the Head coach ofits Men's Basketball Team (the "Team"). Coach represents and warrants that he/she is fully qualified to serve; and is available for employment, in this eapacity. Coach shall be responsible, and shall report directly to Miami's Director of Intercollegiate Athltis (the Director") and shall confer with the Director or the Director's designee on all administrative and technical matters, ‘The parties recognize thatthe Director is responsible to Miami's President for the ‘operation, review and periodic evaluation ofthe entire athletic program at Miami, including the Men's Basketball Team. Coach recognizes and acknowledges the importance of the maintenance and observance of the principles of institutional control over every aspect of such program. Coach agrees to recognize and respect those relationships and the organizational structure of Miami. Within that structure, the Director and Coach shall mutually cooperate to implement the purposes ofthis ‘Agreement. Coach shall manage and supervise the Team and shall perform such other reasonable duties in Miami's athletic program consistent with his status as Head ‘coach of the Team, as the Director may assign. ‘Coach agrees to represent Miami positively in public and private forums and shall not engage in conduct that reflects adversely on Miami or its athletic programs. ‘Coach stall perform his duties and personally comport himself at all times in @ ‘manner consistent with good sportsmanship and with the high moral, ethical, and ‘academic standards of Miami and its Department of Intercollegiate Athletics, ‘This Agreement is fora fixed-term appointment commencing on July 1, 2021 and terminating, without further notice to Coach, on May 31, 2024. Each future contract year shall begin on June 1 and terminate on May 31 ‘This Agreement is renewable solely upon an offer from Miami and an acceptance by Coach, both of which must be in writing and signed by the parties. This ‘Agreement in no way grants Coach any claim to tenure or extended appointment ‘status at Miami, nor shall Coach's service pursuant to this Agreement count in any ‘ny tawned treo extended appoints satus at Mia 30 Compensation MM 32 33 In consideration of Coach's services and satisfactory performance of this ‘Agreement, Miami shall pay Coach: (a) Effective July 1, 2021, $368,924 per year Base Salary, payable in monthly installments in accordance with normal Miami procedures; (b) Such normal employee benefits (except vacation) as Miami provides ‘generally to unclassified administrative staff (© In liew of vacation, Coach shall be entitled to 25 non-contract days, per contract year, and shall take these days off in consultation with and the approval of the Director. Coach shall not be entitled to accrue or carry over ‘unused non-contract days beyond te contract year. Coach shall not be able to cash out any unused non-contact days, Coach shall be cligible for salary increases and discretionary bonuses, 35 recommended by the Director and approved by t President, during each contract year beginning June 1, 2022, provided, however, that Coach's salary percentage increase shall be no less than the percentage of th: merit salary pool for unclassified staff For the achievements listed below, Miami shall pay within sixty (60) days ofthe achievement, the following sums to Coach: ANNUAL CLASS RETENTION RATE OF 80% OR HIGHER 1.5% of Base Salary per class Annual Classis defined as the number of recruited student- tatletes who sign a national letter of inten to play basketball at Miami and matrculate at Miami University on the frst class day of fll semester ina given academic year. Annual Class Retention Rate is calculated by taking the ‘numberof students in the Annual Class who return to Miami for the subsequent academic year, having fulfilled the satisfactory progress toward degree requirements of Miami, (MAC and NCAA) divided by the Annual Class. 34 35 For each of the following exceptional sthletic achievements, Miami shall pay, as supplemental compensation, within sixty (60) days of the achievement, the following sums: ‘20 REGULAR SEASON WINS 4.167% OF BASES, LARY "MAC REGULAR SEASON 8.333% OF BASE SALARY CHAMPIONSHIP MAC TOURNAMENT 33330 OF BASE SALARY (CHAMPIONSHIP OR NCAA APPEARANCE (ONLY ONE PAYMENT SHALL BE MADE EVEN IF BOTH ACHIEVEMENTS ARE ACCOMPLISHED) NCAA TOURNAMENT I ROUND | 8.333% OF BASE SALARY VICTORY NCAA TOURNAMENT 2° ROUND | 8.333% OF BASE SALARY VICTORY NCAA TOURNAMENT 3° ROUND | 8.333% OF BASE SALARY VICTORY NCAA TOURNAMENT 4" ROUND | 833% OF BASE SALARY, VICTORY NCAA TOURNAMENTS" ROUND | 8.333% OF BASES (CARY, VICTORY, NCAA TOURNAMENT 16.667% OF BASE sALARY CHAMPIONSHIP VICTORY MAC COACH OF THE YEAR “E1679 OF BASE SALARY NATIONAL COACH OF THE YEAR | 8.333% OF BASE SALARY ‘The obligation to pay Coach for bonuses earned by Coach shall survive termination ofthis Agreement. However, Coach hall repay any bonus paid for an achieverrent that is subsequently vacated by the Mid-American Conference (MAC) or the "National Collegiate Athletic Association (NCAA) due to conduet that occurred \hile Coach served as Head coach, provided that that Coach either knew about, or should have known about and did not act reasonably to preven , limit or mitigate the violation that caused the University, MAC or NCAA’ to vacate such achievement. This provision shall survive the termination ofthis Agreement, All salary or compensation of Coach for performance of coaching duties shall be paid only by Miami, o a expesly approved n writing by the Director. To at end, Coach will not solicit o accept gifts of eash or of substantial value r accept hospitality, other than reasonable social hospitality, from any persoa, including tation, a person who isa "representative ofthe athlete interests ofthe a that term is defined in governing athletic rules. ‘As additional compensation while Coach is employed as Head coach of the Team, 36 31 38 Miami shall furish Coach one (1) automobile. Liability, collision and ‘comprehensive insurance of such automobile shall be provided Uy Mian ats sole ‘expense in amounts required by university regulations [Asadkitional com ensation, Miami will annually, without charge, deliver to Coach ‘twenty-five (25) reserve tickets to each home men's basketball game. Coach shall also receive, without charge, four (4) tickets to each home football game, four (4) tickets to each home ice hockey game, and four (4) tickets to each home women's basketball game. These tickets are tobe used by Coach at his discretion in a manner consistent with this Agreement. Coach shall comply with all Miami rules applicable to such tickets, included, but not limited to, the prohibition against re- selling tickets. Reimbursement forall actual expenses reasonably incurred in connection with ‘moving Coach and Coach's family and tangible personal property to Oxford Ohio. All compensation received by Coach will be subject to applicable tax laws and, if Appropriate, will be treated as taxable income subject to applicable withholding and other payrol taxes. Coach's Specific Duties and Responsibilities 4a In consideration f the compensation specified inthis Agreement, Coach shall: (8) Devote Coach's fulltime and best efforts to the performance of Coach's duties un er this Agreement, including all duties thatthe Director may ‘assign as provided in Section |.4 hereof, and including all duties asset forth in Coseh's then current job description on file with the Department of Intercollegiate Athletics; (b) Develop and implement programs and procedures with respect to the evaluation, recruitment, training, and coaching of Team members to compete while assuring their welfare; (©) Observe and uphold all academic standards, requirements and policies of | Miami aa encourage Team members to perform to their highest acedemic potential, Zoach recognizes that the primary mission of Miami is to serve ‘5 an inslitation of higher leaming and shall fully cooperate with all academic counselors or similar persons designated by Miami to assist student-athletes and shall use his personal best efforts to encourage and promote those efforts In that respect, Coach recognizes that the goal of| Miami is that every student-athlete obtain a baccalaureate degree, and agrees to support fully the attainment of this goal. It is recognized by the partes that a student-athlete may be declared ineligible for competition for ‘academic reasons, because Miami believes the student-athlete would not be ‘an appropriate representative of Miami under team or university policies, 4a 43 44 as a disciplinary sanction under Miami's Code of Student Conduct, or because Miami believes that the student-athlete i not eligible according to the rules for athletic competition specified by the Mid-American Conference (MAC) of the NCAA. ot for similar reasons. Such an action shall not be considered a bach of this Agreement; and (© Know, recognize and comply with all applicable laws, as well as all applicable policies, rules and regulations of Miami, the MAC and the NCAA; use best efforts to supervise and take appropriate steps to ensure that Coach's assistant coaches, and other employees for whom Coach is administratively responsible and the members of Team know, recognize and comply with all sach laws, policies, rules and regulations, and {immediately report tothe Director and tothe Assistant Athletic Director for ‘Compliance if Coach has reasonable cause to believe that any person or entity, including with limitation, representatives of Miami's athletic interest, has violated ori likely to violate any such laws, policies, rules or regulations. Coach shall cooperate fully withthe Assistant Athletic Direetor {for Compliance at al times. Coach shal review and approve, in writing, all requests for expense reimbursements by assistant men’s basketball cosches| ‘and graduate assistants prior to submission to Miami to reasonably ensure accuracy and compliance with Miami's regulations and governing athletic rules, and upon such satisfactory review, shall forward the same with his approval for payment. Coach shall not undertake any bus! vss, profesional or personal activities or pursuits that would prevent Coach from voting Coach's full ime and best efforts to the performance of Coach's duties under this Agreement, that would otherwise detract from those duties in any manner or tha, in the reasonable opinion of Miami, would reflect adversely upon Miami or its athletic programs. Coach shall comply with ‘Miami's Conflicts of Interest policy. Coach agrees that he shall not, under any circumstances, discuss or negotiate directly or indirectly his prospective employment with any other institution of higher learning or any profesional athletic team without providing the Director with notice at least twenty-four hour: prior to engaging in any such discussions or negotiations. ‘Coach agrees to work with the University in the best interests of the Team. Coach agrees to provide his services to promote the University’s athletic program, including the Team, In particular, Coach agrees to provide his (or those of his assistant coaches if so indicated) services to, and for Coach to perform satisfactorily in, the following programs: (@) A weekly Head coach's radio and/or television and/or internet broadcast show on which Coach personally appears. (b) Such other personal appearances and speaking engagements as reasonably assigned from time to time by the Director. ‘Coach agrees fo perform on these programs and to cooperate in the prodaction, broadcasting, and telecasting of the programs solely for the ‘compensation referenced in Section 3.1(b) above, (©) Partiipation with the University’s designated sports’ appareVequipment ‘company. The selection of the designated sports’ appareVequipment ‘company is solely inthe discretion ofthe University. Coach's participation ay include, without limitation, wearing the apparel of the company and ‘making public appearances. Ic is understood that neither Coach nor Coach's assistant couches shall, -appear without the prior written approval ofthe Director, such approval not to be unreasonably withheld, on any regular radio or television program -Gincadingbut no limited to coach's show, call-in show or interview show) ‘ora regularly scheduled news segment, but this shall not prohibit Coach fromappearing in outine news media interview for which no compensation is reeived. Coach agrees that he will make a reasonable effor and will, use easonable efforts to ensure tha is assistant coaches make reasonable -ffot)notio appear live or on tape atthe time that any ofthe coaches shows or gemes are broadcast or rebroadcast, Coach agrees thatthe University shall own ll broadcasting and telecasting rights to all lve and taped coach's shows, call-in programs, post-game and pre-game interviews (hereinafter called “Programs"). The University shall be eatitled, at its option, to produce and market the Programs or negotiate ‘with third parties forthe production and marketing ofthe Programs, Sbjat tothe foregoing, Coach may, wih the prior written approval of the Director, enter into separate arrangements for endorsements. Coach shallnot be granted approval to participate in any business wansactions or endase any products or appear on ay radio ot elevision programs which may discredit or bring undue criticism to Miami or which violate any contractual obligations of Miami Coach may no associate Miana's name, Jogos, trademars, symbols, insignias, indivi, service marks or reputation in comection with any such amangements without the prior writen approval ofthe Director and Vice President for Finance and Business Services Inthe evet thatthe Director and Vice President for Finance and Business Services give permission to Coach to use Miami's name, logos, trademarks, symbols, insignias, indica, service marks or reputation, such pemmission shall be nonexclusive and nontansfeable, and” such Permission shall automatically expire upon Coach’ resignation of {ermination from employment. 50 48 46 47 48 49 ‘Coach agrees thatthe University as the exclusive right o operate youth camps on its campus using University facilities The University shall allow Coach the ‘opportunity to eam supplemental eompensetion by assisting with the University’s camps. At least ninety (80) days before each camp, Coach shal indicate to the Univ sity whether or not Coach intends to accept the opportunity to carn such -suppremental compensation for such year f Coach so elects, then Coach agrees to assist in the marketing supervision, instruction and/or general administration of| the University's camps. Coach shall propose to the Director or his designee before ‘camp begins appropriate supplemental compensation amounts for the University ‘employees who work at such camp and are eligible to receive supplemental compensation. Camp income supplemental payments shall be paid afer the appropriate camp documentation and payment requests have been recived by the University and after determination and approval of such camp income supplemental payments by the Director or his designee. Unless otherwise specifically required by law, any such payment shall not be taken int account in any retirement or other benefit program for which Coach may be eligible. Jn accordance with NCAA rules, Coach shall obtain prior written approval from ‘Miami's President and the Director forall athletically related income and benefits from sources outside Miami and shall report the source and amount of all suck income and benefits to Miami's President whenever reasonably requested, but in ro event less than annually. Coa:h shall have the responsibilty and the sole authority to recommend to the Di stor the hiring and termination of Assistant Coaches for the Team, but the final decision shall be made by the Director and shall, when necessary or appropriate, be subject tothe approval of Miami's President. Subject to University regulations and governing athletic rules, the Director or the Director's designee has the right to contract for and establish the men's basketball schedule of Miami's Team, and to negotiate the terms ofthe various basketball game contracts, as well as accepting invitations for pre-season or post-season play. Coach shall be reasonably consulted by the Director or the Director's designee as to the identity of opponents, playing site and time of play for any games hereafter schduled. Although Coach and the Director or the Director's designee shall meet at west annually to discuss potential opponents, Coach may suggest potential ‘oppo rents or discuss scheduling concer at any time. Coach shall at all times take reasonable action necessary to comply with and to ‘implement the policies of Miami relating to substance abuse and to class attendance by students subject to his direct control or authority, and to exercise reasonable care that all personnel and students subject to his direct control or authority comply with such policies. Coach represents and warrants that he has read such policies and that he will remain eurent as tothe content of such policies. ‘Termination Sa ‘Termination by Miami for Cause - Miami may terminate this Agreement at any time for cause, which, for the purposes of this Agreement, shall be limited to the ‘occurrence of one or more ofthe followi (9) Neglectorinatention by Coach tothe duties of Head men's basketball coach ‘or Coach's refusal or unwillingness or inability to perform such dutiesin good faith after reasonably specific written notice has been given to Coach by the Director, and Coach has continued such neglect, inattention, refusal, ‘unwillingness or inability during a subsequent period specified by Miami; (b) Material, significant or epettive violation or material breach by Coach of, this Agreement or of governing athlec rules or of Miami rules and regulations or of Coach's obligations; or (©) Serious professional or personal misconduct (including but not limited to facts of moral turpitude) or being convicted of any felony or a serious ‘misdemeanor that may reflect adversely upon the reputation or public perception ofthe University or its Athletic program. For the purposes ofthis provision a serious misdemeanor is any misdemeanor crime of violence as ‘defined in Ohio Revised Code § 2901.01; any drug offense, any sex offense, ‘any motor vehicle offense involving alcohol or drugs, any robbery ot burglary offense, any weapons offense, any offense against the family, oF any theft or fraud offense defined as a misdemeanor under Ohio criminal law; oF (@) Fraud or dishonesty of Coach if proven to be tru, in the performance of his duties or responsibilities under this Agreement; ot (©) Fraudor dishonesty of Coach in the preparation, falsification, submission or ‘alteration of documents or records of Miami, NCAA or the MAC, or documents or records required to be prepared or maintained by law, {governing athletic rules or Miami rules and regulations, or other documents for records pertaining to any recruit or student-athlete, including without limitation, expense reports, transcripts, eligibility forms or compliance reports, or permitting, encouraging or condoning such fraudulent or dishonest acts by any other person, provided that Coach had actual knowledge of such fraudulent or dishonest acts or reasonably should have known about such fraudulent or dishonest ats; or (Failure by Coach to respond accurately and fully within a reasonable time to any reasonable request or inquiry relating to the performance of his duties hereunder or the performance of his duties during his prior employment at any other institution of higher leaming propounded by Miami, NCAA, the MAC or other governing body having supervision over the athletic programs of Miami or such other institution of higher ‘education, or required by law, governing athletic rules or Miami rules and regulations; or (@) Failure by Coach to use reasonable best efforts to manage the Team in a ‘manner that reflects the academic values of Miami as set forth in this ‘Agreement; of (4) Counseling or instructing by Coach of any coach, student or other persen to {iil to respond accurately and fully within a reasonable time to any reasonable request of inguiry concerning a mater relevant to Miami's athletic programs or other institution of higher education propounded by Miami, NCAA, the MAC or other governing body having supervision over the athletic programs of Miami or such other institution of higher education ‘or required by law, governing ahletic rules or Miami rules and regulatins; © Soliciting, placing or accepting by Coach ofa bet on any intercollegiate or professional athletic contest, or permitting, condoning or encouraging by ‘Coach of any illegal gambling, bookmaking or illegal betting invalving any intercollegiate or professional athletic contest whether through a. ‘bookmaker, « patlay card, a pool or any other method of organized ‘eambling; or furnishing by Coach of information or data relating in any ‘manner 19 men's basketball or any other sport to any individual known by ‘Coach to be or whom he should reasonably know to be gambler, beter or ‘bookmaker, o an agent of any such person, or the consorting or associsting. by Coach with such persons for the purposes prohibited by this paragraph ‘or any other purpose in violation of the law, NCAA or MAC rules or regulations; or Use or consumption by Coach of alcoholic, beverages, drugs, conrcled. substances, steroids or other chemicals in such degree and for such ‘appreciable period as to impair significantly or materially his ability to hereunder; or failure by Coach to fully cooperate inthe implementation of any drug testing program established by Miami for student-athletes; o (Coach's sale, use oF possession or Coach's permitting, encouraging or condoning by a student-athlete, assistant coach or other athletic siaff members ofthe sale, use or possession of any narcotics, drugs, controlled substances, steroid ot other chemicals, the sale, use or possession of which by Coach or such student-athlete is prohibited by law or by governing athletic rules; or () Failure by Coach to report promptly to the Director any violations known to Coach of governing athletic rules or Miami rules and regulations by Sat Siz 513 assistant coaches, students or other persons under the direct control or supervision of Coach; ot (ca) Failure by Coach to obtain prior approval for ouside activities as required by Section 4.5 ofthis Agreement and by NCAA rules orto report accurately all sources and amounts of all income and benefits as required by NCAA. tues and Seotion 4.5 ofthis Agreement or (®) Commission of or participation in by Coach of any act, situation, or cecurrence which, in Miami's reasonable judgment, brings Coach into public contempt or scandal or failure by Coach to conform his/her personal ‘conduct to conventional standards of good citizenship, with such conduct offending prevailing social mores and values and/or reflecting unfavorably upon Miami's reputation and overall primary mission and objective, including but not limited to, acts of dishonesty, misrepresentation, fraud ot violence that mey or may not rise toa level warranting criminal prosecution by the relevant authorities; or (©) Conduct by Coach (or conduct by a men's basketball Team staff member or athlete about which Coach knew or should have known and did not act reasonably to prevent, limit or mitigate) which, in the teasonable opinion fof Miami, meets the elements of a material violation of applicable law, policy, rule or regulation of the NCAA or MAC whether or not such ‘conduct is investigated by the NCAA or MAC; or (®) The NCAA or MAC renders a determination thatthe Coach's employment should be suspended or terminated, Notize - If Miami terminates this Agreement for cause under this Section 5.1, it shall give written notice to Coach of its intention to temminate this Agreement specifying the provision upon which Miami relies therefore and the intended effective date of termination. ‘Heating Rights - In the event Miami terminates this Agreement for cause, Coach shall have such rights toa hearing as are generally afforded and given to Miami unclassified administrative staff under Section 13.2 of the Miami University Policy and information Manual, of In the event this ‘Agrcoment ia terminated for cause under this Seetions 5.1, Coach shall not be ented to receive any further compensation or benefits under this Agreement, In ro case shall Miami be liable to Coach for the loss of any collateral business ‘opportunities, or any other benefits, perquisites, income or consequential damages sitfered by Coach as a result of Miami's temmination for cause under this Section SA, 82 33 ‘Termination by Miami Other Than for Cause - If Coach's employment hereurder is terminated by Miami other than for cause (as delineated in Section 5.1 above) ‘during the term of this Agreement, Miami shall pay to Coach, as liguited damages and not as compensation an amount equal tothe following schedule the Buyout) the sum of $350,000 if termination oecurs on or before May 31, 2022 or '$200,000 if termination occurs on or after June 1, 2022 but prior to March 1, 2(24, ‘Any termination that oceuts on or after March 2, 2024 but prior to May 31, 2924 ‘will result in the compensation that remains to be paid under the Agreement to continue until May 31, 2024 (ie. three month’s salary). Such amount shal filly compensate Coach for the loss of salary, compensation, benefits, colatral business opportunities (whether media, public relations, camps, clinics apparel or similar contracts, sponsorships or any other supplemental or collateral ‘compensation or benefits of any kind) and Coach shall not be entitled to any Further salary, compensation and benefits or monies of any kind under this Agreement. ‘This Section 5.2 is subject, however, to the following: (@) Coach is required to mitigate Miami's obligations under this Section 5.2 by ‘making reasonable and diligent efforts to obtain employment as an NCAA Division 1 coach (Head or Assistant), with a professional team, athletic conference or search firm or as an intercollegiate athletic director or basketball broadcaster. () Upon Coach's obtaining new employment, Miami's obligation to pay Ccach fas set forth in this Section 5.2 shall be reduced by Coach's total ‘compensation received from any new employment or any other payments for services rendered by him. Payment shall be made in quarterly installments and prorated over the remainder of the tem ofthe Agreement. ‘The installments may not be equal if Coach is employed (thus reducing Miami's obligation) and Miami has already paid Coach certain installments pursuant to this Section 5.2. (©) fat any time Cosch has obtained new employment and his total anaual compensation equals or exceeds the Buyout then Miami's obligations under Seton 5.2 ofthis Agreement shall cease ‘Termination by Coach - If Coach terminates this Agreement for any reason otherthan, retioment (2) Coach shall not be entitled to receive any further compensation or benefits ‘under this Agreement; and (@) Coach (or Coach's new employer, if said new employer agres in writing), shall pay to Miami an amount equal to the following schedule (the Buyout) the sum of: $175,000 if termination occurs on or before May 31, 2022 or {$100,000 if termination occurs on or after June 1, 2022 but prior to March } 54 35 payments shall be within one (1) year ofthe date of such ‘Coach shall no: fora period of one 1) year after such termination by Coach contact, fr otherwise seek to recruit any high school athlett previous'y contacted or recruited by unless such athlete had been recited or contacted by any ‘new instiutior employing Coach prior to the notice of termination by Coach to Miami; ‘Suspension ot Other Disciplinary Action - Miami may, in its sole reasonable ‘discretion, suspend Coach for a period not to exceed vinety (90) days inthe event that: (2) an investigation is commenced by the NCAA or MAC and the University wishes, in its sole reasonable discretion, to conduct an investigation to determine if'a termination for cause is justified, (by Miami becomes aware of a potential situation unrelated to an NCAA or MAC investigation which could justify a for ‘cause termination and Miami wishes, in its sole reasonable discretion, to conduct tan investigation to determine if a termination for cause is justified, (c) a

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