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University of Houston Football

Athletic Agreement
This agreement entered into on this 'Z.11~ of March, 2017, is between the University of Houston
(who is referred to as "UH") and the University of North Texas (referred to as "UNT"). For purposes of
this agreement, "Home Team" means UH when a football game is played on the University of Houston
campus, and UNT when a football game is played on the University of North Texas campus, or
designated home football facility. "Visiting Team" refers to the team that will play an away game for a
given football game.

In consideration of the mutual promises and covenants contained herein and other good and valuable
consideration, the parties' intending to be legally bound, agree as follows:

1. Purpose
The purpose of this agreement is to confirm the arrangements and conditions for playing two football
games between UH and UNT.

2. Event
The football teams representing UH and UNT will participate in one game played in UH's football
stadium and one game played in UNT's football stadium. The following will list the dates and location
for each game:

a. Saturday, September 28, 2019 at UNT's Football Stadium


b. Saturday, September 23, 2023 at UH's Football Stadium

The kick-off time will be determined by the Home Team at a later date.

3. Rules
The football game, including the eligibility of the participating players, shall be governed by the rules of
the National Collegiate Athletic Association (NCAA), UH's conference, UNT's conference, and the
institutional rules of UH and UNT in effect at the time of the game.

4. Officials
The officials shall be appointed by the Visiting Team and their expenses shall be paid by the Visiting
Team or the conference of the Visiting Team.

5. Compensation
There will be no guarantee payments associated with this agreement.

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6. Tickets
Ticket prices will be established by the Home Team. Visiting Team shall be allowed to purchase 3,000
tickets. The band, cheerleaders (in uniform) and official band staff will receive complimentary
admission to this game. In addition, Visiting Team will receive 500 complimentary tickets. Unsold
tickets may be returned to Home Team no less than one week prior to the day of the game. Payment for
tickets not returned will be made within 30 days of the game.

7. Sideline Passes
Visiting Team shall be allowed 60 sideline passes at no charge. These sideline passes are in addition to
the complimentary tickets provided to the cheerleaders and band. Sideline passes are for use by coaches,
trainers, and working personnel only. Sideline passes must be worn by all personnel with the exception
of players in uniform. All Visiting Team sideline passes are restricted to stay between Visiting Team's
area (between the 25 yard lines).

8. Broadcast Rights
a. Generally. The parties agree that the game start times are subject to change in order to
accommodate live broadcasting opportunities. Any change in the date of the game shall require
the consent of Visiting Team, which consent shall not be unreasonably withheld or delayed. All
revenue derived from radio, television, and Internet broadcasts shall be retained by the team
owning the broadcast rights as defined herein.
b. Radio Rights. Home Team shall control radio broadcasts of the game and shall retain the revenue
from all radio rights to broadcast the game. Notwithstanding the above, Visiting Team will be
provided with one rights free radio outlet for the live radio broadcast of the game by Visiting
Team's officially designated station or affiliated radio network, and is entitled to retain any
revenue from such broadcast. Home Team shall not be required to make any alteration to
existing facilities for purposes of the agreement.
c. Television and Internet Rights. The parties agree that all television and Internet broadcast rights,
both live and re-broadcasts, are the exclusive property of Home Team and its conference, where
applicable. All such rights and revenue distribution associated with such rights shall be
governed by Home Team and its conference. Internet broadcasting rights shall remain with
Home Team.

9. Television
All television (live and delayed) rights and revenue distribution will be governed by Home Team and its
conference. Any discussion regarding the conditions of the conference contracts should be directed to
the Home Team's conference.

10. Other Filming and Videotaping


Visiting Team shall have the right to produce films and/or videotapes of the game for coaching purposes
and Home Team agrees to provide reasonable facilities for such cameras as may be required.

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Each patty shall have the right to produce films and/or videotapes of the game for use in a coach's show
or locally oriented delayed broadcast, subject to the terms and conditions of section eight (8) above; and
compliance with rules governing delayed television broadcast established by the NCAA or other
agencies of which either or both institutions are members. Each team may retain all income that it may
receive from such opportunities.

11. Concessions, Parking, and Program Income


Home Team shall have the exclusive right to sell programs and operate concessions and parking. All
income generated from selling programs, concessions, and parking will be the sole property of Home
Team. Visiting Team will be provided 75 complimentary programs to be delivered to their dressing
room.

12. Arrival of Teams


The teams shall present themselves at the site of the game in condition to play at least 30 minutes before
the time advertised as the starting time for the game.

13. Ambulance
Home Team shall have a medical doctor and an ambulance at the game site throughout the period of the
football game.

14. Force Majeure


If it becomes impossible to play the football game for reasons of power failure, strikes, severe weather
conditions, riots, war, or other unforeseen catastrophes or disasters beyond the control of either party,
this agreement may be terminated by either UH or UNT. The football game shall be cancelled, and
neither party shall be responsible to the other for any loss or damage. Notwithstanding the preceding
sentence, any financial obligation incurred by either team for promotion of the game shall be shared
equally. No such cancellation shall affect the parties' obligations as to subsequent games covered by
this agreement. Notice of a force majeure event shall be given as soon as possible after the event by the
affected team.

15. Breach and Damages: UNT


lfUNT's football team, for any reason other than those stated in Section 14 above, fails to appear at the
time and place scheduled herein for the football game, and if no contest with a team of similar stature is
scheduled by UH to replace the one cancelled due to UNT's breach, then UNT shall be deemed to have
breached the agreement and shall pay to UH:

a. a liquidated sum of $500,000. The parties agree that it is difficult to predict attendance and revenues
for any event, so that this sum will represent liquidated damages for UH's loss ofrevenue, and shall not
be viewed as a penalty. Payment must be made by UNT to UH no later than 90 days following the
scheduled date of the football game.

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16. Breach and Damage: UH
If UH's football team for any reason other than those stated in Section 14 above, fails to appear at the
time and place scheduled herein for the football game, and if no contest with a team of similar stature is
scheduled by UNT to replace the cancelled due to UH's breach, then UH shall be deemed to have
breached the agreement and, to the extent permitted by law, shall pay to UNT:

a. a liquidated sum of $500,000. To the extent permitted by law, the parties agree that it is difficult to
predict attendance and revenues for any event, so that this sum will represent liquidated damages for
UNT's loss ofrevenue, and shall not be viewed as a penalty. To the extent permitted by law, Payment
must be made by UH to UNT no later than 90 days following the scheduled date of the football game.

17. Miscellaneous Provisions


a. Each party shall be solely responsible for payment of any assessments due its own conference or any
other governing body.

b. Any notice required under this agreement to be given by either UH or UNT to the other shall be in
writing, postage prepaid, addressed to the following addresses:

Ifto UH: Hunter Yurachek


Vice President for Intercollegiate Athletics
University of Houston
Athletics Alumni Center
3204 Cullen Blvd., Suite 2002
Houston, TX 77204
713-743-9370

Ifto UNT: Wren Baker


Vice President/Director of Athletics
The University of North Texas
1301 S. Bonnie Brae St.
Denton, TX 76207
940-565-2789

c. If any provisions of this agreement or any application thereof shall be invalid or unenforceable, the
remainder of this agreement and any application of such provision shall not be affected.

d. No failure by either party to insist upon the strict performance by the other of any term or condition of
this agreement or to exercise any right to remedy contingent upon a breach thereof shall constitute a
waiver of any such breach or of such term or condition of this agreement and the term or condition shall
continue in full force and effect with respect to any then existing or subsequent breach.

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e. This agreement shall be governed, construed and enforced in accordance with the laws of the State of
Texas, regardless of its place of execution. Any legal action arising under this agreement shall be
brought in a court of competent jurisdiction in the State of Texas.

f. This agreement is the entire agreement between the two parties with respect to the subject matter
hereof and supersedes in all respects all other agreements, whether oral or written. Any additions or
modifications must be in writing and must be signed by both parties. This agreement shall be binding
only insofar as it is not in conflict with existing or future legislation by state legislatures or the
governing bodies of UH or UNT.

g. The persons executing this agreement on behalf of their respective institutions warrant that they are
duly authorized to do so.

IN WITNESS WHEREOF, the parties hereto by their respective officers duly authorized, have caused
this Agreement to be executed as of the date first written above.

UNIVERSITY OF HOUSTON THE UNIVERSITY OF NORTH TEXAS

BY: BY:

Hun~~4,A D;~•-J2
Vice President for Intercollegiate Athletics

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Form No: OGC-S-2010-08

Standard Amendment

This amendment ("Amendment") is entered into between the University of Houston


on behalf of its Department/College/Division/School of .;..A...;t...;
h...;le~t...;
ic....;s_ _ _ _ _ _ _ _ _ _ _ _ _ __
("University") and University of North Texas ("Contractor"). University and
Contractor may be referred to singularly as a "Party" and collectively as the "Parties." This
Amendment incorporates by reference and amends the Agreement entitled
"Athletic Agreement •executed on 3/27 / l 7 (the "Agreement").

THE AGREEMENT IS HEREBY AMENDED AS FOLLOWS:

Paragraph 2 Event, bullet point b. is restated as:

b. Saturday, September 26, 2020 at UH's Football Stadium

To the extent the terms , provis ion s, covenants, or conditions in this Amendment are inconsistent with
those in the Agreement, the terms, provisions , covenants, or conditions in th is Amendment shall
control and be binding on the Parties upon full execution of this Amendment by the Parties authorized
representatives. All other terms, provisions, covenants , and conditions in the Agreement shall remain
in full force and effect and shall not be superseded by this Amendment. This Amendment, together
with the Agreement , constitutes the entire agreement between the Parties with res pect to the subject
matter hereof.

University of Houston

Signature: ·- _

Printed Name: ~ ntIT Yl.lrachek Print ed Na me: Wr~n B.rlli=cr~---

Title: YP for lntercollegjate Athletics Title: \'ic,:e Preside._ntl Dire.ctor Qf A! l:ill:.liklL.

Date: ----~/-=-o+-'h"'"'(,_._/_._M-'------ Date: _il_j.;J.l4/L~


"J _ __
Note: Modification of this Fann requires approval ofOGC

Office of the Oenernl Counsel


Standard Amendment
OGC-S-2010-08 - Revised 10 23 .2017
Page I or I
Form No: GGC-S-2010-08

Standard Amendment

This amendment (“Amendment”) is entered into between the University of Houston


on behalf of its Department/ College/ Division/ School of Intercollegiate Athletics
(“University") and the University of North Texas (“Contractor”). University and
Contractor may be referred to singularly as a “Party” and collectively as the “Parties.” This
Amendment incorporates by reference and amends the Agreement entitled
“ Athletic Agreement ” executed on 3/27/17 & 10/26/17 (the “Agreement”).

THE AGREEMENT IS HEREBY AMENDED AS FOLLOWS:

2nd Amendment to the Original Agreement; the 1st amendment having been executed by the parties
on 10/26/2017.

Paragraph 2 Event, bullet b. is restated as:

b. Saturday, September 4, 2027 at UH's Football Stadium.

The game date change included in this 2nd amendment supersedes the game dates as previously
listed in Paragraph 2.b of the Athletic Agreement and 1st amendment.

To the extent the terms, provisions, covenants, or conditions in this Amendment are inconsistent with
those in the Agreement, the terms, provisions, covenants, or conditions in this Amendment shall
control and be binding on the Parties upon full execution of this Amendment by the Parties authorized
representatives. All other terms, provisions, covenants, and conditions in the Agreement shall remain
in full force and effect and shall not be superseded by this Amendment. This Amendment, together
with the Agreement, constitutes the entire agreement between the Parties with respect to the subject
matter hereof.

Univers^^^Houston^ the University of North Texas

Signature: Signature:

Printed Name: Chris Pezman Printed Name: —KL-c


Title: Vice President for Intercollegiate Athletics Title:

Date: Date: 4 //a / y


Note: Modification of this Form requires approval of OGC

Office of the General Counsel


Standard Amendment
GGC-S-2010-08 - Revised 10.23.2017
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