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Division of Intercollegiate Athletics ATHLETIC FOOTBALL GAME CONTRACT ‘Thin eam ati contract in the sport of football entered nto on Moncey, March 1.2091 BY and between the Board aan ae Western Michigan University (WMU and Stony Brook University (SPU). “Through execution ofthis Aletic Contract, visiting team certifies its Football Championship Sub- Dratet GReS) member of the NCAA. Pursuant to tie NCAA by-lve 2099-2 i ig team certifies It has. issued an avernge of 90 pereent of the perinissible maximum numper ‘of grants-in-aid per year in football aaaeeaearet recent rong two-year period ns defined by the NCAA by-law. Farther team affirms oe eto contin to issue, trough the game date reference in section # Deano Over of 90 pereent ofthe permissible maxinium numbers of grants-in-aid per yeas in football so as to continue meeting NCAA by-law Winesseth: ‘That the parties hereto, mutually covenant and agree as follows: 1, Football Gane, Thats contest between ther football teams sal! be held in accordance with te following Football Games tan time may be changed atte hoa’ scretion visitng ea willbe noted wo tater than five months prior of any changes, GAME # LOCATION: Waldo Stadium, Kalamazoo, Michigan DAT: 9/7/2024 TIME: TBD 2. Rules. and Eligibility, It is understood the above fens will compere wet the rules of eligibility of the Hates of which they my be members; and sFnot members of « Conferences will compete under the rules of eligibility sanctioned by the NCAA. 4, Offical, The officials foreach contest will be axigned end pa through the host institution, 4, Finangial Consideration. or Game the home team (team) agres to pay a game guarantee of thes hundred 9m twenty ror rant dollars ($325,000) 0 the visting team (SBU) no ater than January 15, 2028. 5. Tickets/Entrance to Game(s) ac Foreach game the home team will provide three hundred (300) complimentary admission tickets to the Visiting Team in each respective year be The Visiting Team shall have the option to purchase up 1 Five Hundred (90) ‘additional game Tare inat area adjacent to aay compvimentary admission sekos sued the ising Pre ‘The ‘Vioting team shal retura all unsold teks no ater than ten (1) business days prior tothe date of competition to the home teat. se_ For each game set forth sbove, the Visiting Team shall be allowed sixty (69) Team Bench Passes. 44. The bane members, cheerleaders, and mascots ofeach team shall be admitted free of charge provided they ae in uiform. Nuanbers of how many the visitng feam ean bring will be agreed upon by the athletic ditectors before each game numbers within stadium. ce. Those numbers can be modified if eounty health regulations 6. Radio Rights, ‘The radio brondeast ofthe game shall be the property of both participating institutions, The Tighis ofench institution are as follows: Home Team shall provide for one free broadcast outlet for the txelusive purpose of broadcast onthe established radio network of the Visiting Team onlys receipts from ‘which shal belong,to the Visiting Team. All other broadcast rights and privileges and receipts therefrom shail belong exclusively to Visiting Team. 7. Television Rights, ‘The conference ofthe hom team for each Game covered by this Agreement exclusively owns and retains, and is entitled to retain all revenues derived therefrom, al rights to televise or ‘therwise distribute audio, video or mudiovisual coverage of such Game ax! any aud all portions of such Game (bether live or delayed and including r-ars and highlights) throughout the universe by any end all means, uses, and media now known oF hereafter developed. If and to the extent the visiting team has of ‘will have any such rights, the visiting team irrevocably assign, convoys, and transfers all of such rights to the conference of the home team in perpetuity. Notwithstanding the foregoing: a. The visiting team and its conference shall have the non-exchusive rights to create and distribute ‘coach's films of cach Game for use solely by the visiting feam, professional sports leagues and other colleges and universities solely for eocehing and scouting purposes (and for no other purpose, including for general distribution on any Linear or digital network) tb. Ifthe vespective conferences ofthe institutions party fo this Agreement enter into a separate agreement deseribing the rights of a ‘eain (andor its conference) to distribute audiovisual coverage of game played between institutions from such respective conferences, and such sgreement remains in full force and effect when any Game covered by this Agreement occurs, the ‘Visiting team (and/or its conference) for such Game shal! have the rights as deseribed In such agreement. 8, Game Cancellatio ‘a. TFcancellation is by nmutval written consent, then this Agreement shal be null and void. bb. Ifeither party fails to comply withthe terms and conditions ofthis contract by unilaterally canceling the agreement to play either of the gates (As described in Section 1 above), that party shall pay the other the sum of three hundred and twenty-five thousand dollars ($325,000) as Tiquidated damages and not a penalty. c. Its understood and agreed that neither party can foresee the exigencies beyond the control of each party which hereafter arise by reason of unusual occurrences, Acts of God and Nature, and Acts of Common Enemy, including that ofthe National Collegiate Athletic Association and which would make desirable or necessary the cancellation of tis Agreement, or any portion thereof, or ofa game. or the purposes of clarity and illustration, such exigencies would include the continuation national pandemics or any silat health emergency that would make cancellation necessary or desirable. Therefore if either party, because of an occurrence of such an exigency, should indicate in writing tlesire to cancel this Agreement, or any portion thereof, or a game, the Agreement to that extent shall be canceled without penalty or damages therefore. Notice of such a catastrophe or disaster Shall be given as soon as possible. Any financial costs or obligations incurred by either party in ‘connection with its pacticipation hereunder prior to such cancellation shall be borne equally by both partes. No such cancellation or disaster shal affect the parties’ obligations as to subsequent Games Fovered by this Agreement, In the event of cancellation pursuant to this clause the parties will cooperate in good faith. 4, ‘The panishment or sanctioning ofa party by the NCAA or its relevant athleties conference shal not be considered “beyond the control” of the sanctioned party and shall not relieve the sanctioned party of its obligations, including financial obligations, hereunder fe. Inthe event that either party's athletics conference changes its scheduling requirements or either party switches athletics conference aftiliation, necessitating change in game scheduling ot ‘Rausing a eontlict with the Game(s) scheduled, then the parties will cooperate in good feith in an item to reschedule any affected Game inthe same year or within the next two years of when it ‘ould have been played. Ifthe affected party cannot reasonably reschedule the Game(s), however, then the affected party may cancel any affected Game or Games and will not be held responsible for the financial obligations set forth herein or any other loss or damage resulting from the cancellation. 2 ing Team agrees to mect or exceed tothe medical and testing protocols set by Western ichigan University, NCAA and the Mid-American Conference should they be required Lf medical or testing protocols are not mt, this shall be considered a breach of contract end tne cancellation fee shal be in effect. A'medical attestation form will be used to certify both team's adherence to this policy 9, Damages, The Visiting Team shall be responsible for physical damage inflicted upon the Home ‘Team’s property, including, but not limited to locker rooms, press box areas, and competing venue physical spaces ‘caused by the Visiting Tea IN WITNESS WHEREOF, the partes have hereunto set their hands as of the day and year first above written, POR WESTERN MICHIGAN UNIVERSITY (WMU) Kathy B. Beauregard, Director of Inercollegiate Atileviesor Designee Date FOR VISITING TEAM: ‘The undersigned, by his/her signature, duly warrants he/she is authorized by the Visiting Institution governing authority to execute this athletic contract, (get | lal er 2 ‘Vig ea Sie Shan He loving {Direchre & Athlebres ing Team Printed Name & Title 2Zfef a

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