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DocuSign Envelope ID: 6BA6C73A-FC40-49EC-AC4D-B7DE72699FEF

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7

ATHLETICS
ARMY WEST POINT
REVISED AND RESTATED FOOTBALL GAME CONTRACT
BETWEEN ARMY WEST POINT AND UTSA

This game contract ("Agreement") is made and entered into as of September 13, 2019, by and between the
ARMY WEST POINT ATHLETIC AsSOCIATION ("Army," 'Host Institution," or "Home Team") and THE UNIVERSITY OF TEXAS
AT SAN ANTONIO ("UTSA"). Please note the Army West Point Athletic Association is a non-federal entity. The
parties stipulate and agree as follows:

1. Revised and Restated Agreement

Army and UTSA previously entered Into that certain Army West Point Football Game Contract effective as of April
19, 2017 ("Original Contract"). This Agreement revises, supersedes, and replaces the Original Contract.

2. Event

Varsity football teams representing the two parties agree to meet for intercollegiate games as follows:

Date Site Tjme Officials Assigned ByfPaid


Sept. 14, 2019 Alamodome, San Antonio, TX TBD UTSA
Sept. 10, 2022 Michie Stadium, West Point, NY TBD Army West Point/Army WP
Sept. 16, 2023 Alamodome, San Antonio, TX TBD UTSA

The Host Institution shall have the right to determine the venue and starting time for each game.

For games played at West Point, Army may referred to as "Home Team" and UTSA referred to as "Visiting Team."
For games played in San Antonio, UTSA may be referred to as Home Team and Army referred to as "Visiting Team."

3. Rules and Regulations

The Game shall be governed by the rules of the National Collegiate Athletic Association ("NCAA") as In effect at the
time of the Game.

4. Elig!bllltv of Team Members

The athletics eligibility of each team member to participate in the Game shall be governed by the rules and
regulations of his institution and the rules of his institution's athletics conference and by the NCAA.

5. Officials

The Home Team shall assign ali on-field and off-field officials for the Game, to include the Instant replay crew. The
Home Team shall be responsible for the expenses of all game officials.
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DocuSign Envelope ID: 6BA6C73A-FC40-49EC-AC4D-B7DE72699FEF

6. Compensation

For the September 14, 2019 game, the Visiting Team (Army) will receive from the Home Team (UTSA) a guarantee
in the amount of$400,000 payable on or before January 1 of 2020. No other compensation shall be due or payable
March 1
for this game.

For each game in 2022 and 2023, the Visiting Team shall receive from the Home Team a guarantee In the amount
of $200,000, payable on or before January 1 of the following year. No other compensation shall be due or payable
for these games.

The Home Team shall have the exclusive right to sell programs and run concession and parking. All income from
program sales, concession and parking shall be the sole property of the Home Team.

6. Tickets

The Home Team shall have the right to determine the ticket prices for each game. The Visiting Team shall be allotted
three-thousand (3,000) tickets for sale on consignment, five-hundred (500) of each will serve as complimentary
tickets. Cheerleaders and mascots shall be admitted without charge when in uniform and shall not be Included in
the complimentary ticket allotment, but seats must come out of the consignment allotment.

In addition the Home Team shall provide 60 sideline passes and a minimum of 12 parking passes to the visiting
team. Any unused tickets (except those Included as complimentary) should be returned to the Home Team two
weeks prior to the game. The Home Team shall deduct the price of any unused tickets not returned by the agreed
upon date from the guarantee set forth in paragraph five.

7. Broadcast Rights

The Home Team shall retain the revenue from and maintain full control of all television and radio rights to
broadcast the Game as well as all film rights. Notwithstanding the foregoing, the Visiting Team shall be allowed
one free commercial outlet for a live radio broadcast and shall retain the revenue from such broadcast.

Income from live or delayed telecasts by commercial networks shall be retained by each Institution based on its
individual conference or rights holder agreement(s) with the television commercial networks. The Home Team shall
determine the award of commercial networks rights.

Both parties shall have the right to use excerpts from the game for highlights or coaches' television shows.

The Visiting Team acknowledges that the scheduled start time for the Game may be subject to change for the
purposes of accommodating live television opportunities.

8. Cancellation: Failure to Appear

If either party unilaterally cancels the Agreement or otherwise falls to appear for the game as set forth herein,
other than due to a Force Majeure event as set forth In paragraph nine below or an uncured breach of this
Agreement, the canceling or falling party agrees to pay the other party the sum of $200,000 as liquidated damages
and not as a penalty within sixty (60) days of the cancellation or failure.

9. No Liabilitv to Army or Federal Government

The United States Military Academy, the Department of the Army, and the federal government are not parties
or sureties to this agreement and will not be held liable for any term or activities occurring under this Agreement.
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DocuSign Envelope ID: 6BA6C73A-FC40-49EC-AC4D-B7DE72699FEF

10. Force Majeure

The parties agree that If by reason of an unforeseen catastrophe beyond the control of either Team (including
without limitation, acts of God, fires, floods, epidemics, quarantine restrictions, terrorist acts, threats, strikes,
failure of public utilities, unusually severe weather, national crisis or prohibition by any governing authority that
would make It Impossible, illegal or Impractical to play the Game agreed to, the game shall be canceled or
rescheduled If reasonably practical. Written notice of any such events shall be given as soon as possible.

Cancellation of the Game under this Section shall not be deemed a breach of this Agreement. No such
cancellation shall affect the parties' obligations as to subsequent contests covered by this Agreement.

This event is an activity of the Army West Point Athletic Association as a nonfederal entity and that there Is a
complete and express understanding by both parties that no liability coverage is provided or Intended from
USMA, the Army or the federal government.

11. Integration

This Agreement is the total Agreement between Army and the The University of Texas-San Antonio, superseding
all prior agreements, including the Original Contract. Any additions or modifications to this Agreement must be
presented in writing and signed by parties representing both Institutions.

This Agreement and the rights and obligations set forth herein are not assignable or transferable, in whole or In
part, by either party.

12. Indemnification

Each party agrees to Indemnify, defend and hold harmless the other, from and against any and all claims, demands,
costs (Including attorney fees), actions or damages brought by third parties, arising out of the negligent acts or
omissions of that party, or its employees, agents and assigns. Army understands and acknowledges that UTSA's
authority to fully agree to this provision is limited to the extent authorized by the Constitution and laws of the state
of Texas.

13. Insurance

Each party shall maintain and keep in force at its own expense insurance policies in reasonable limits to sufficiently
cover its obligations under this Agreement. Army acknowledges that UTSA, as a government agency of the State
of Texas, maintains and operates programs of self-insurance. Upon written request, UTSA will provide
documentation to Army of such self-insurance program.

14. Press Box and Production Facilities

The Home Team agrees to provide reasonable press box facilities and production accommodations for the
origination of programs described herein. The Visiting Team shall reimburse the Home Team for any reasonable
costs associated with and Incurred on the Visiting Team's behalf. All such costs shall be presented and agreed to
by the Visiting Team in advance of the scheduled cost.

The Home Team agrees to provide reasonable press box facilities and production accommodations for the
origination of programs described herein. The VIsiting Team shall reimburse the Home Team for any reasonable
costs associated with and incurred on the Visiting Team's behalf. All such costs shall be presented and agreed to
by the Visiting Team in advance of the scheduled cost.
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DocuSign Envelope ID: 6BA6C73A-FC40-49EC-AC4D-B7DE72699FEF

THE UNIVERSITY OF TEXAS AT SAN ANTONIO ARMY WEST POINT ATHLETIC AssOCIATION

Content Approved:

y~~p
~~
Authorized Signatory:

By: _ _ _ _ _ _ _ _ _ __ By:b~·
Name: Veronica Mendez

Title: Sr. Vice President for Business Affairs Title: Athletic Director
2/21/2020
Date: _ _ _ _ _ _ _ _ _ _ __ Date: flf;~.~
t
/; 2
f.

PLEASE SIGN AND RETURN ORIGINAL TO: Bob Beretta, Executive Athletic Director
U.S. Military Academy
639 Howard Road
West Point, NY 10996

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