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DocuSign Envelope ID: EB180BB3-20BB-4A22-B7DB-49279DF313D1



This Football Game Agreement ("Agreement") is entered into as of September 1, 2020 (the "Effective
STATE UNIVERSITY ("NMSU"). For and in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:


This Agreement starts on the Effective Date and will remain in effect until February 28, 2032 unless
terminated earlier. UTSA and NMSU will have their respective men's intercollegiate football teams meet
on the following date(s) at the Site indicated and compete against each other in a football game (the

Saturday August 31, 2024 Alamodome, San Antonio, Texas

Saturday September 20, 2025 Las Cruces, New Mexico
Saturday October 3, 2026 Alamodome, San Antonio, Texas
Saturday September 22, 2029 Las Cruces, New Mexico

The Host Institution will establish the starting time for the Game(s). The term “Host Institution” and
“Visiting Institution” will have their reasonable and traditional interpretations for describing each party
depending upon the location of each Game.


2.1 Game Rules. The Game(s) will be played in accordance with and governed by the applicable
bylaws and rules of the National Collegiate Athletic Association ("NCAA") as in effect at the time
of the Game as well as the rules and regulations of the Intercollegiate Athletic Conference or
football bowl subdivision, if any, to which each institution belongs.

2.2 Player Eligibility. The eligibility of all team members who are to participate in the Game(s) will
be determined by the rules and regulations of the NCAA, the team member's institution and the
Intercollegiate Athletic Conference or Football Bowl Subdivision in which each institution is a

2.3 Membership. Both institutions must maintain membership within the NCAA Division Football
Bowl Subdivision. If at any time during the length of this contract either institution does not meet
this membership requirement then the contract will be null and void.


Game officials will be appointed by the Intercollegiate Athletic Conference of the Host Institution. Fees
and expenses of the officials will be paid by the Host Institution.


There will be no guarantees exchanged for the contests in this series. The Host Institution will retain all
gate receipts related to the Game.

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DocuSign Envelope ID: EB180BB3-20BB-4A22-B7DB-49279DF313D1


5.1 Ticket Oversight and Responsibility. The Host Institution will be responsible for establishing
the price of tickets, for ticket printing, for selling tickets to the public, and for distributing tickets
to the Visiting Institution to sell to its fans. The Host Institution will be permitted to issue free
tickets when deemed appropriate. The Host Institution may also issue passes or otherwise
provide for free admission to radio, television, press, and other media personnel, as well as the
uniformed or otherwise identifiable members of the bands and the cheerleaders, spirit groups,
team mascot and handlers of Host Institution as indicated herein.

5.2 No Charge Tickets for Visiting Institution.

5.2.1 Band and Spirit Squads. The Host Institution will provide the uniformed or otherwise
identifiable members of the Visiting Institution's band, cheerleaders, spirit groups, and
team mascot entry into the Game at no charge. Their tickets will not be part of the
complimentary ticket allotment but, must come out of the consignment ticket allotment.
The Host Institution will provide Visiting Institution the standard seating and occupancy
location requirements for a Visiting Institution's band and spirit squad members. Visiting
Institution will comply with such requirements.
5.2.2 Complimentary Tickets. The Visiting Institution will be entitled to receive 400
complimentary tickets for its use. In addition, the Host Institution shall provide to the
Visiting Institution 60 sideline passes, a minimum of 12 parking passes and one luxury
suite for their Director of Athletics.
5.3 Consignment Tickets. The Visiting Institution may request up to 2,500 tickets for sale on a
consignment basis {"Consignment Tickets"). The Visiting Institution must submit its request for
Consignment Tickets to the UTSA Ticket Representative within 45 days prior to the day of the
Game. The Visiting Institution will pay the Host Institution for all Consignment Tickets sold by the
Visiting Institution no later than 90 days after the Game. All Consignment Tickets sold by the
Visiting Institution will be sold at the price established by the Host Institution. Any unsold
Consignment Tickets must be returned to UTSA within seven days of the Game or the Visiting
Institution is responsible for payment of the total value of the unsold Consignment Tickets.


The rights to the income derived from all associated Game activities such as concessions, programs,
souvenirs, soft goods, and parking will belong to the Host Institution.


7.1 Television Rights
7.1.1 Rights of Host Institution. Visiting Institution acknowledges and agrees that the Host
Institution and/or Host Institution’s conference own and retain all television, pay per view,
satellite, cable, Internet, and other rights to tape, broadcast, rebroadcast, and otherwise
distribute, license, exhibit, sublicense, televise, transmit, or retransmit the Games and
any and all portions of the Games, in whole or in part, live or delayed, throughout the
universe by any and all means, uses, and media now known or hereafter developed
(including without limitation via local, regional, or national cablecast or over-the-air
transmission, and including by video or audio streaming or other transmittal of actual
events or portions or summaries thereof via the Internet)(collectively referred to herein as
the “Broadcast Rights”). If and to the extent Visiting Institution has or will have any such
Broadcast Rights, Visiting Institution irrevocably assigns, conveys, and transfers all such
rights (including full ownership of all copyrights) to Host Institution in perpetuity, and Host
Institution accepts such assignment, conveyance, and transfer. (As used herein, the term
“Internet” means a global information network consisting of interconnected, but
independent, computers including but not limited to, the World Wide Web).

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DocuSign Envelope ID: EB180BB3-20BB-4A22-B7DB-49279DF313D1

7.1.2 Rights of Visiting Institution. Visiting Institution shall have only those rights to distribute
any video, visual, and/or audiovisual accounts of the Games, including without limitation
highlights, that are specifically granted by Host Institution in a separate written agreement
and as may be permitted by the terms of the agreements of Host Institution and/or Host
Institution’s conference in effect at the time of the Games. Accordingly, Host Institution
shall notify Visiting Institution in writing within a reasonable time prior to each Game as
to any rights (and associated terms and conditions) that Host Institution may grant to
Visiting Institution to distribute any video, visual, and audio- visual accounts of the
Games, including highlights. For the avoidance of doubt, Host Institution shall have no
obligation to grant any such distribution rights in connection with a Game.

7.2 Distribution of Revenue. Host Institution shall have the exclusive right to retain any rights fee
or royalty paid for the right to televise or otherwise distribute an audiovisual account of the
Games. Should Visiting Institution be granted any distribution rights pursuant to subsection 7.1.2,
such written grant of such rights shall specify the manner in which any rights fee or royalty paid
thereafter shall be distributed.

7.3 Production Accommodations. The Host Institution agrees to provide accommodations for the
origination of any of the programs described herein and to provide adequate accommodations
for telecast origination in accordance with the terms of this Agreement.


The radio broadcast of the Games shall be under control of the Host Institution. The Host Institution shall
retain revenue from radio rights. The Host Institution shall provide one radio outlet free of charge for the
Visiting Institution, and the Visiting Institution shall retain revenue derived therefrom. Each institution
may deliver the broadcast to its respective radio network, to include audio streaming on the internet.


9.4 NCAA and Conference Governance. All programs, films, videotapes, products, institutional
promotional programming, marketing and other materials produced pursuant to this Agreement
shall be governed by NCAA rules and regulations, and the rules, regulations, and agreements
of the Host Institution and Host Institution’s conference.

9.2 Media Credentials. All credentials for media coverage of the Games shall be issued by Host
Institution in its sole discretion and shall be further subject to those rules, regulations, terms and
conditions established by the NCAA, Host Institution, and/or Host Institution’s conference.


10.1 Termination. Each Institution may terminate this Agreement by providing the other party one
year written notice. A buyout or cancellation fee in the amount of $500,000 will be due to the
other institution within 90 days of notice. Termination of this Agreement will not affect the rights
and obligations of the parties accrued prior to termination, if any. However, if the parties join the
same conference, this Agreement will be considered null and void as of the date the institution
joins said conference and no buyout will need to be paid.

10.2 Damages. Except where the appearance of either team is prevented by one of the events set
forth in Paragraph 11, the party whose team fails to appear and participate in the Game(s)
provided for in this Agreement will pay the other party the sum of $500,000 within 60 days of the
applicable Game date.

10.3 Survivability. Any provisions of this Agreement which by their nature extend beyond termination
will survive such termination.

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DocuSign Envelope ID: EB180BB3-20BB-4A22-B7DB-49279DF313D1


Neither party will be considered in default of this Agreement for the failure of its men's intercollegiate
football team to appear and participate in a Game for reasons due solely to act of God, natural disaster,
national emergency, labor disputes, war, order of a state or federal court, governmental or NCAA or
other controlling athletic conference failures, epidemic, pandemic, athletic program termination, riots or
other similar events beyond the control of the party that fails to appear. Notice of any such events will
be given to the other party as soon as is possible.


12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with
respect to the subject, and no prior or contemporaneous agreement, written or oral, will be
effective to vary the terms of this Agreement. Neither party may assign this Agreement. No
amendment to this Agreement will be effective unless reduced to writing and signed by an
authorized representative of each party.

12.2 Conference Rules. If the rules and regulations of the NCAA or the conference in which either
school is a member are amended, modified or changed in any manner so that the terms of this
Agreement are in conflict with such rules or regulations, then the parties may mutually agree to
consider the Agreement amended or to renegotiate the Agreement to cure such conflict if such
may be reasonably accomplished.

12.3 Insurance. Each party will maintain adequate insurance to cover its own liabilities and as
required by applicable law, rules or regulation.

12.4 Notice. To be enforceable, all notices must be in writing and delivered to the party's
representative named below by either certified mail, return receipt requested, or commercial
carrier with delivery receipt. Notices are effective upon receipt by the designated representative.
A party may update its representative as needed by written notice to the other party.

V.P. for Intercollegiate Athletics & Director of Athletics
Athletics Director New Mexico State University
The University of Texas at San Antonio Department of Intercollegiate Athletics
Department of Intercollegiate Athletics 1815 Wells Street
One UTSA Circle, San Antonio, TX 78249 Las Cruces, New Mexico 88003

The parties may make reasonable changes in the person or place designated for receipt of
notices upon advance written notice to the other party.
12.5 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or
will confer upon any other person any right, benefit or remedy of any nature whatsoever under
or by reason of this Agreement.

12.6 Compliance. Parties will conduct alt obligations under this Agreement in conformity with all
applicable federal, state, and local laws, rules, regulations, and ordinances.

12.7 Waivers. No delay or mission in exercising any right under this Agreement will impair any right
or be construed to be a waiver of any right. A waiver of any default under this Agreement will
not be construed to be a waiver of any subsequent default under this Agreement.

12.8 Authority. Parties warrant, represent and agree that they have the authority to enter into
agreement through an authorized signatory as shown below.

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DocuSign Envelope ID: EB180BB3-20BB-4A22-B7DB-49279DF313D1

12.9 Independent Contractor. This agreement will not be construed to create an agency,
employment, agent, partnership or joint venture relationship between Visiting and Host Institution
for any purpose whatsoever.

12.10 Severability. If any provision of this Agreement is, for any reason, held invalid or unenforceable
in any respect, the invalidity or unenforceability will not affect any other provision of this
Agreement, and this Agreement will be construed as if the invalid or unenforceable provision had
not been include

IN WITNESS HEREOF, the parties have caused this Agreement to be executed by their duly
authorized officers as of the Effective Date.

The University of Texas at San Antonio New Mexico State University

Digitally signed by Mario

Mario Moccia Moccia

Date: 2020.09.25
By: _____________________________ By: ______________________________
14:39:02 -06'00'

Name: Veronica Mendez Mario Moccia

Name: ______________________________

Title: Sr. Vice President for Business Affairs Title: Director of Athletics
Date: _____________________________ Date: ______________________________

By: _____________________________

Name: Lisa Campos

Title: Vice President for Intercollegiate Athletics

Date: _____________________________

Approved by The University of Texas System:

By: _____________________________

Name: Archie Holmes, Jr.

Title: Executive Vice Chancellor, The University of Texas System

Date: _____________________________

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