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DDocusign Envelope ID: 1087AS68-6670.4C74-B0E3-259A7 ICTOBBC LUTSA Home Football Game Contract Rev, 4.04.19 ‘THE UNIVERSITY OF TEXAS AT SAN ANTONIO AND HOUSTON BAPTIST UNIVERSITY : FOOTBALL GAME AGREEMENT This Football Game Agreement is entered into as of April 5, 2019 (the “Effective Date") by and between THE UNIVERSITY OF TEXAS AT SAN ANTONIO, (‘UTSA’) and HOUSTON BAPTIST UNIVERSITY, (‘HBU’). For and in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 4. DATES OF COMPETITION This Agreement starts on the Effective Date and will remain in effect until February 28, 2025 unless terminated earlier. UTSA and HBU 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 game of football (the "Game(s)’) Dare Site September 21, 2024 Alamodome Stadium 100 Montana Street San Antonio, Texas 78203 UTSA will be designated as the "Host Institution’ and HBU will be designated as the "Visiting Institution.” ‘The Host Institution will establish the starting time for the Game(s). : 2. GOVERNING RULES 24 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 coffeat at the time of the Game(s) as well as the rules and regulations of the Intercollegiate Athletic Conference or football bow! subdivision, if any, to which each institution belongs. 2.2 Player Eligibility. The eligibilty of all players 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 member. 3. REPRESENTATION & WARRANTY. HBU hereby represents and warrants that HBU will average a minimum of ninety (90) percent of the permissible maximum number of grants-in-aid per year in football during the 2019-2020 & 2020-2021 academic years, HBU agrees to immediately notify UTSA in the event HBU does not average ninety (80) petcent of the permissible maximum number of grants-in-aid in football at any thne prior to the Gamo(s). Page 1 of6 Bocusigh Envelope ID; 1087AB69-6870.4C74.5023-869A7IC7ORBC LUISA Home Football Game Contract Rev, 0.04.19 4, GAME OFFICIALS Game officials will be appointed by the Intercollegiate Athletic Conference of the Host Institution, Fees and expenses of the officials will be pald by the Host Institution. 6. GUARANTEED PAYMENTS, The Host Institution will pay the Visiting Institution a guaranteed amount ("Guaranteed Revenue") for the Game equal to Three Hundred Fifty Thousand Dollars ($350,000). The Host Institution will retain all gate receipts related to the Game(s). The Host Institution will pay the Visiting Institution the Guaranteed Revenue on within ninety (90) days following completion of the Game(s). Any amount not paid by the due dats will bear interest at the maximum rate permitted by the Texas Prompt Payment Act, Chapter 2251, Texas Government Code. 64 62 6. GAME TICKETS, PASSES, AND ADMISSIONS 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 istributing tickets to the Visiting Institution to sell to its fans. The Host institution will be permitted to issue free tickets when deemed appropriate by UTSA’s Vice President for Intercollegiate Athletics or his/her designee (the “UTSA Ticket Representative"). 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. No Charge Tickets for Visiting Institution. 6.2.1 Band and Spirit Sauads. 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 o¢cupancy focation requirements for a visiting institution’s band and spirit squad members. Visiting Institution will comply with such requirements. 6.2.2 Complimentary Tickets. The Visiting Institution will be entitled to receive up to three hundred (200) complimentary tickets. In addition, the Host Institution shall provide to the Visiting Institution 60 sideline passes, a minimum of 12 parking passes and ‘one luxury suits for their Director of Athietics. Poge2 of 6 DocuSign Envelope ID: 1087AB60.0870.4074-BUES-B60ATICTOBBC 63 UTSA Home Football Game Contact Rew, 04.04.19 Consignment Tickets. The Vistiing Institution may request up fo two thousand five hundred (2,500) additional tickets on consignment ("Consignment Tickets"). The Visiting Institution must submit its request for Gonsignment Tickets to the UTSA Ticket Representative within forty-five (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 fater than ninety days (80) after the Game. Ali Consignment tickets sold by the Vistting Institution will be soid at the price established by the Host Institution. Any unsold consignment tickets must be retumed to UTSA within seven (7) days of the Game or the Visiting Institution is responsible for payment of the total value of the unsold Consignment Tickets. 7. ASSOCIATED GAME ACTIVITIES The rights to the income derived from ali associated Game activities such as concessions, programs, souvenirs, soft goods, and parking will belong to the Host Institution. 8, TELEVISION, VIDEO, FILM, INTERNET VIDEO STREAMING ‘The parties mutually desire that the Game(s) should have maximum media exposure, including exposure via television if possible. Host Institution may change the scheduled date and start time for the Game(s) for the purpose of accommodating live Telecast opportunities, provided that, any change in the date of the Game(s) will require the consent of the Visiting Institution, which consent vail not be unreasonably withheld. at Television. 8.1.1. 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, Intemet, and other rights to tape, broadcast, rebroadcast, and otherwise distribute, license, exhibit, sublicense, televise, transmit, or retransmit the Game(s) and any and all portions of the Game(s), in whole ot in part, live or delayed, throughout the universe by any and all means, uses, and media now known or hereatter developed {including without limitation via local, regional, or national cablecast or over-the-air fransmission, and including by video or audio streaming or other transmittal of actual events of portions or summaries thereof via the Internel)(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 al! 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.) 8.1.2 Visiting Institution shall have only those rights to distribute any video, visual, and/or audiovisual accounts of the Game(s), 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 Game(s). 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 Game(s), including highiights. For the avoidance of doubt, Page 3of6 DocuSign Envolope ID: 1087ABE9-8670-4674-2023-880A7 1C7DBEC LUTSA Home Football Game Contract Rev. 04.04.19 Host Institution shall have no obligation to grant any such cistribution rights in connection with a Game, 8.1.3 All credentials for media coverage of the Game(s) shall be issued by Host Institution ' in its sole discretion and shell be further subject to those rules, regulations, terms and conditions established by the NCAA, Host Institution, and/or Host Institution's conference. 8.2 Distribution of Revenue. Host Institution shall have the exclusive right fo retain any rights fee oF royalty paid for the right to televise or otherwise distribute an audiovisual account of the Game(s). Should Visiting Institution be granted any distribution rights pursuant to subsection 8.1.2 immediately above, such written grant of such rights shall specify the manner in which any rights fee or royalty pald thereafter shall be handled. 8.3 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. 8.4 All programs, fms, 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. RADIO BROADGAST, INTERNET AUDIO STREAMING Any radio broadoast of the Game(s) will be under control of the Host Institution, The Host Institution will retain ali revenue derived from Host Institution's radio broadcast rights. Each institution may deliver a radio broadcast of the Game(s) to its respective radio network, to include audio streaming on the Internet, The Host Institution will provide at no charge to the Visiting Institution one radio outlet ("Visitors Radio Outlet") for Visiting Institution to provide a radio broadeast of the Game(s) in its standard home broadcast area. The Visiting Institution will retain revenue derived from Visiting Institution’s contractual arrangements related to the radio broadcast through Visitors Radio Outlet. 10, TERMINATION & DAMAGES 40.1 Termination. Each Institution may terminate this Agreement by providing the other party with one (1) year written notice, A buyout or cancellation fee in the amount of One Hundred and Seventy-Five Thousand Dollars ($175,000) will be due to the other institution within sixty (60) days of notice. Termination of this Agreement will not affect the rights and obligations of the parties accrued prior to termination, if any. However, ifthe patties 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 pald. 10.2 Damages, Except where the appearance of either team is prevented by one of the events set forth in Section ‘1, the party whose team fails to appear and patticipate in the Game(s) provided for in this Agreement will pay the other party the sum of One Hundred and Seventy-Five Thousand Dollars ($175,000) within sixty (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, Poge 4 of 6 DDoousign Envelope ID: 1067AR69-2870-4074-B0E9-889471C70BEC. UTSA Home Football Game Contract Rey, 04.04.19 11. FORCE MAJEURE 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, wer, order of a state or federal court, governmental or NCAA or other controlling athletic conference failures, epidemic, athletic program termination, riots or other similar events beyond the control of the party that falls to appear. Notice of any such events will be given to the other party as soon as is possible. 124 12.2 13.4 13.2 13.3 12. MERGER AND AMENDMENT 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, Nelther party may assign this Agreement. No amendment to this Agreement will be effective unless reducad to writing and signed by an authorized representative of each party. Conference Rules. If the rules and regulations of the NCAA of the conference in which either schoo! 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 fo cure such conflict such may be reasonably aocomplished. 13, MISCELLANEOUS, Insurance. Each party will maintain adequate insurance to cover its own liabilities and as required by applicable law, rules or regulation. Choice of Law and Venue. This Agreement and all rights and obligations hereunder will be governed, interpreted and applied in accordance with the laws of the State of Texas and venue for any dispute will be Bexar County, Texas. Notice. To be enforceable, all notices must be in writing and delivered to the party's tepresentative named below by either certified mail, return recelot 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. UTSA: NAME: DR. LISA CAMPOS: STEVE MONIACT Vice President for _IntercollegiateDirector of Athletics and Athletics Director jouston Baptist University ‘The University of Texas at San Antonio [intercollegiate Athletics Department of Intercollegiate Athletics {7502 Fondren Rd One UTSA Circle fouston, TX 77074 San Antonio, TX 78249 Page 5of6 DDocusign Envelope ID: 1087AB69-6670-4074.B0E.859A71C7088C LUTSA Home Football Game Contract Rev, 04.04.19 13.4. 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. 13.5 Compliance, Parties will conduct alt obligations under this Agreement In conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances. 13.6 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. 13.7 Authority. Parties warrant, represent and agree that they have the authority to enter into agreement through an authorized signatory as shown below. 43.8 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. 13.9 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 included. IN WITNESS HEREOF, the parties have caused this Agreement to be executed by their duly authorized officers as of the Effective Date. CONTENT APPROVED Vice Pr INTERCQLLEGIATE ATHLETICS AND ATHLETICS DIRECTOR By: Namte*Lisa Campos ‘THE UNIVERSITY OF TEXAS AT HOUSTON BAPTIST UNIVERSITY SAN-ANTONIO, By: (end eee Name; verorica Mendez ee : Title;__Y°e* Title: ___ Direcker Se eros Date:_4/25/2019 Date: Nala Page 6 of6

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