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SEVENTH AMENDMENT TO

BOISE STATE UNIVERSITY - NIKE ALL-SPORT AGREEMENT


This Seventh Amendment to the Boise State University - NIKE All-Sport Agreement (this
"Amendment") is made and entered into effective , 2018 by and between Boise State
University ("UNIVERSITY"), and NIKE USA, Inc. (''NIKE''). Capitalized terms used but not defined in
this Amendment shall have the meanings given to such terms in the Agreement (as defined below).
RECITALS
WHEREAS, NIKE and UNIVERSITY entered into the Boise State University - NIKE All-Sport
Agreement, effective August 1,2011 (the ''2011 Agreement"), pursuant to which NIKE agreed to provide
cash compensation and NIKE products to UNIVERSITY and UNIVERSITY agreed to provide NIKE with
certain rights and benefits;
WHEREAS, NIKE and UNIVERSITY entered into six amendments to the 2011 Agreement,
including: a letter amendment dated June 25, 2013; a letter amendment dated February 13,2014; a letter
amendment dated May 1,2015; a letter amendment dated April 27, 2018, a letter amendment dated May
22, 2018, and a letter amendment dated June I, 2018 (the 2011 Agreement collectively with the
amendments shall be referred to herein as the "Agreement"); and
WHEREAS, NIKE and UNIVERSITY desire to extend and further amend the Agreement in
accordance with the terms and conditions in this Amendment.
NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set forth in
this Amendment, the parties hereby agree to amend the Agreement as follows:
1. The definition of "Covered Programs" in Paragraph I(g) is amended to add Baseball and Beach
Volleyball and delete Wrestling.
2. The definition of "Products" in Paragraph I(n) is amended to delete golf balls from subsection (4),
batting helmets from subsection (5) and deleting and replacing subsection (6) in its entirety with
"(6) Reserved".
3. The "Term" of the Agreement set forth in Paragraph 2 is extended six additional Contract Vears
through June 30, 2025.

4. Paragraph 3(b) is amended by replacing Schedule A with the attached Schedule A.

5. The table in Paragraph 6(a) is amended by changing the Annual Product Allotment for the 2018-
19 Contract Vear and adding the 2019-25 Contract Vears as follows:

Contract Year 2018-19 $1,275,000


Contract Vear 2019-20 $1 860,000
Contract Vear 2020-21 $1,850000
Contract Vear 2021-22 $1 850000
Contract Year 2022-23 $1,900,000
Contract Year 2023-24 $1950000
Contract Year 2024-25 $2000000
The maximum carry-over of One Hundred Thousand Dollars ($100,000) of unordered Annual
Product Allotment permitted by UNIVERSITY as set out in Paragraph 6(a) shall apply to each
additional Contract Vear through Contract Vear 2023-24, subject to the conditions in Paragraph
6(a).
6. The following shall he added as a new Paragraph 6(c):
"NIKE shall guarantee one summer internship to a UNIVERSITY student during Ihe
inlernship 10 the Term of this
orthis
Agreement. Such intern will be selected by NIKE from among candidates nominated by the
UNIVERSITY, each of whom must musl meet
meel NIKE's minimum standards for consideration and
selection. UNIVERSITY may submit up 10 to Iwo
two (2) student recommendations each Contract Year
for NIKE's consideration. As consideration
consideralion for such position, the panicipating student
studenl shall receive
a salary at NIKE's prevailing rate of pay for such position.
posilion. NIKE shall be solely responsible for
complying with all federal and state
slale wage, tllX
tax withholding and reponing obligations for any salary
paid to such student hereunder. Students applying for intern positions must comply with wilh all
time lines and other procedures established by NIKE."

7. Paragraph 8(a) is amended by deleting subparagraph (vi) and (vii).

8. The table in Paragraph 9(a) is amended by changing the annual Base Compensation for the 20
2018-
I 8-
Conlract Year to SO.
19 Contract

9. Paragraph 9(a) is amended to delete


delele Ihe
the paragraph lollowing
tollowing the
Ihe table in 9(a) and replace it with
the following:
"NIKE shall pay UNIVERSITY a one-time payment of $750,000 to be paid within 30 days offull
execution of this Amendment (the "Advance"). All payments of Base Compensation, including the
Advance, remain subject to Ihe the lerms
terms and conditions of this Agreement (e.g., any applicable
prorations, reductions, etc.).
elc.). For purposes of determining
delermining any annualized or annual scheduled Base
Compensation. the Advance will be prorated equally over Conlract
Contract Years 2018-25 and. in the event
evenl
of any proration
proralion or reduction. NIKE shall have the right to receive from UNIVERSITY
reimbursement for any Base Compensation paid in excess of what UNIVERSITY would be entitled
if Base Compensation had not been advanced for any applicable Contract Year."

10. Paragraph 15(a) is amended 10


to change Ihe
the Exclusive Negotialing
Negotiating End Date to May 1, 2024.

I I. Paragraph 15(b) is amended 10


II. to change the reference 10
to June 30, 2019 to June 30. 2025.
Except as modified above, all other terms and conditions of the Agreement shall remain in full force and
effect.
effect, and this Amendment shall be exercised consistent
consislenl with the Agreement.
IN WITNESS WH WHEREOF. Ihis Amendment
EREOF. the panics hereto have caused this Amendmenl to be executed
execuled as of
oflhe
the last
date wrillen
dale written below.
NIKE 'SA,
SA, INC.
Kit Morris
,
- By: _ _ _ _ _ _ _ _ __
By:
-----------------
Name: Kit
__ Morris
_ _ _ _ _ _ _ _ __

Its: Senior Director, College Sports Marketing


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