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09/17/2008 09:50 8459388707 AAA INT OPS PAGE 02

TlilS AGREEMENT is entered into by and between the Army Athletic Association (hereinafter,
AAA, or Fund), a nonappropriated fund instrumentality in the Directorate of Intercollegiate
Athletics at the United States Military Academy, West Point, New York, and the University of
North Texas (hereinafter, North Texas or the OPPOSING TEAM). It is agreed between the
parties that the various rights and duties under this agreement shal1 accrue where material on the
basis of the further designation of:

1. AAA as HOME TEAM for games played at West Point, NY and VISTING
TEAM for games played at Denton, TX.

2. North Te:is:as as HOME TEAM for games played at Denton, TX and VISTING
TEAM for games played at West Point, NY.



I. Time and Location of the Game(s)


Nov 21 , 2009 Denton, TX TBA

Nov 20, 2010 West Point, NY TBA
Oct22, 2016 West Point, NY TBA
Nov 18, 2017 Denton, TX TBA
Sep 8, 2018 West Point, NY TBA
Sep 14, 2019 Denton, TX TBA

II. Grune Guarantee.

The HOME TEAM agrees to pay The VISITING TEAM the Game Guarantee sum of $200,000.
Complete settlement shall be made by March 1st next following the date of each game played.

III. Tickets. Admissions, and Passes.

A. Ticket prices shall be set by the HOME TEAM.

B. The bands and cheerleaders of the VISITING TEAM shall be admitted at no charge
when in unifonn. The number of tickets issued for this purpose will be taken from the
VISITING TEAM'S Ticket Allotment.

C. United States Military Academy Cadets in unifonn shall be admitted at no charge to

the game played at We~t Point.

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D. The VISITING TEAM shall be allowed 2Q.Q__ complimentary tickets by the HOME
TEAM. Any complimentary tickets given in excess of this allowance shall be included in the
game report at the regular price.

E. The VISITING TEAM shall be allowed 2.000 tickets for sale to its followers plus
additional tickets if needed on an "as available" basis. These tickets shall be in the best available
location after the sale of season tickets.

F. The VISITING TEAM shall return all unsold tickets to the HOME TEAM no later
than seven (7) days before the date of the game, unless another time is separately agreed upon
by both parties. The Visiting Team will be :responsible for payment to the HOME TEAMfor
tickets not returned within the time.frame referenced above.

G. A maximum of 40 sideline passes will be issued to the VISITil'JG TEAM for the use
of persons on the sideline other than players in uniform in accordance with NCAA rules.

IV. Concessions, P:rograms, and Parking. ·

A. Stadium concessions, programs, and game day parking are the responsibility of the
HOME TEAM. Receipts from stadium concessions, programs, and game day parking shall
accrue to the HOME TEAM.

, B. Parking and Parking Pass requirements will be mutually agreed to by the HOME and
VISITING TEAMS and provided by the HOME TEAM.

C. The HOME TEAM shall furnish the VISITil'JG TEAM 100 programs at no charge.

V. Broadcast Rights.

A. Radio. National radio syndication rights for the game(s) shall be controlled by the
HOME TEAM. The VISITING TEAM will be given space for one free radio-broadcasting
·outlet for use by such radio station/ the VISITING TEAM may designate as its home
station/network (receipts from which belong to the VISITING TEAM). All other radio broadcast
rights, privileges~ and receipts there from shall belong exclusively to the HOME TEAM.

B. Television. The HOME TEAM shall be responsible for coordinating arrangements

for televising the contest. Additionally, each team has pennission to use film clips or excerpts of in post-game television programs. Any revenues derived from delay television
broadcasts, cablecasts, or post-game television programs shall be retained by the school initiating
the telecasts or cablecasts, once written consent to initiate such broadcasts has been granted by

. 1. All live or delayedbroadcastsfor game(s)or any and all forms of telecast

and/or medium of video transmission or communication are the rights of the HOME
TEAM. Television broadcast rights will additionally be governed by any existing or
future crossover agreements between the school's respective conferences.

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2. In the event of regional telecasts in the respective regions of each school

pursuant to their own conference syndicatjol). arrangements, each school shall retain the
revenues derived from its own conference syndication arrangement, and neither school
shall share in the other's revenues from its conference syndicate.

3. Each party shall have the right to produce highlight films and/or video tapes of
the games for use in a coach's highlight show subject to compliance with rules governing
delayed television broadcast by its conference, where/ifapplicable. Each party may
retain all income it may receive from this opportunity.

4. With the pennission of the HOME TEAM, the VlSITING TEAM may arrange
for live telecast or cablecast of the game on one station in its home market only, subject
to compliance with conference rules governing live television broadcasts whereiif
applicable. The HOME TEAM may charge a mutually agreed upon rights fee for the
opportunity to produce such a telecast or cablecast, or for providing a telecast feed to the
VISITING TEAM, if it chooses to do so.
VI. Pressbox 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 contest.

VII. Grune Officials. Game Officials shall be assigned by the conference or association
representing the HOME TEAM, unless otherwise specified, and shall be compensated by the

VIII. NCAA, Conference, ot ~ther Governing Bodies.

A. These games shall be governed in all respects, including the eligibility of players, by
the rules and regulations of the NCAA, and the institutions' respective conferences or other
governing bodies where or if applicable. ·

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

IX. NoniY>pro~riated Fund Instrumentality. The AAA, which is a party to this Agreement, is a
nonappropriated fund instrumentality (NAFI) of the Department of the Army. NO

X. Assignment. Neither party can assign any rights or delegate any obligations under this
Agreement without the prior written consent of the other party.

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XI. Examination of Records. Each party, or its duly authorized representatives, shall have the
right to examine and audit the books and records of the other party directly pertaining to this
Agreement during the period of the Agreement and until expiration of three years after fmal
payment. Books and records of each Party shall be made available upon mutually agreeable and
reasonable terms and conditions.

XII. Disputes.

A. This contract is subject to the rules and regulations promulgated by the Secretary of
Defense and Secretary of the Army for NAF contracting.

B. The contract is not subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613).

C. All disputes arising under or relating to this contract shall be resolved under this

D. 11 Claims 11 as used in this clause, means a written demand or written assertion by one
of the contracting parties seeking, as a matter of right, the payment of money in a sum certain,
the adjustment or interpretation of the terms ofthe Agreement, or other relief arising under or
relating to this Agreement. A claim arising under the Agreement, unlike a claim relating to the
Agreement, is a claim that can be resolved wider a contract clause or Agreement provision
provides for the relief sought by the claimant. A voucher, invoice, or other routine request for
payment that is not in dispute when submitted is not a claim under this clause. The submission
may be converted to a claim Wlder this clause by complying with the submission requirements of
this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable

E. A claim by the either party shall be made in writing and submitted to the Contracting
Officer for a written decision by the Contracting Officer.

1. For claims exceeding one hundred thousand dollars ($100,000.00), the party
shall submit with the claim a certification that:

(a) The claim is made in good faith;

(b) Supporting data are accurate and complete to the best of the
party' s knowledge and belief; and

(c) The am·ountrequested accurately reflects the monetary amount

for which the claiming party believes the other party is liable.

(d) The certification shall be executed by an individual having

responsibility and authority to represent the claiming party.

2. For contract claims of one hundred thousand dollars ($100,000.00) or less, the
Contracting Officer must, if requested in writing by the claiming party, render a decision within

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sixty (60) days of the request. For certified claims over one hundred thousand dollars
($100,000.00), the Contracting Officer must within sixty (60) days, decide the claim or notify the
claiming party of the date on which the decision will be made.

3. The Contracting Officer's decision shall be final unless one of the Parties
appeals the decision as provided in paragraph F of this clause.

F. The Contracting Officer's final decision may be appealed by submitting a written

appeal to the Armed Service Board of Contract Appeals within ninety (90) days of receipt of the
Contracting Officer's final decision. Decisions of the Armed Service Board of Contract Appeals
are final and are not subject to.further notice.

XIIT. Cancellation, Government Best Interest Termination. and Ten,nination Forfeiture.

A. Cancellation. If an unforeseen catastrophe or disaster makes the playing of the game

impossible for either party, the game will be cancelled and .neither party shall be responsible to
the other for any loss or damage, Notwithstanding the preceding sentence, any fmancial
obligations incurred by either party for promotion of the game shall be shared equally.
Cancellation of a game under this paragraph shall not be deemed a breach of contract. Notice of
such catastrophe or disaster shall be given as soon as possible.. No such cancellation shall affect
the parties' obligations as to subsequent contest cover by this Agreement. ·

B. Government Best Interest Termination. The Contracting Offl.cer, by written notice,

may terminate this Agreement. in whole or in part, when it is in the best interest of the
Govemm.ent. The termination of the Agreement in the best interest of the Government shall be
based on the Contracting Officer's findings and determination that termination of the Agreement
is in the best interest of the Govenunent or that engaging in specified Game at the agreed upon
time, date, and place would impede or interfere with Government operations or security interests
· or is otherwise not iri the best interest of the Government. The Parties agree that it is difficult to
predict attendance and revenues for any event. In the event the Agreement, in whole or in
part, is terminated in the best interest of the Government, any unavoidable financial costs and/or
losses incurred by the OPPOSING TEAM, not to exceed $50,000.00, shall be paid by AAA to

C. Tennination/Cancellation Forfeiture. lf either Party Terminates this Agreement

resulting in a cancellation of a Game or cancels a Game under this agreement, without the
written perinission of the other party or on a basis other than cancellation under paragraph A.
above, termination Wl.der paragraph B. above, or Termination for Default under Section XIV of
this Agreement, a forfeiture fee of $200,000 must be paid by the team initiating the tennination
or cancellatfon by February l 5t next following the date of the terminated game.

XIV. Tennination for Default.

A. Either Party, subject to paragraphs (c) and (d) below, by written notice of default to
the other Party, may tenninate the Agreement in whole or in part if the other Party fails to-

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1. Perform or meet the terms specified in this Agreement or any amendment

thereto; ·

2. Make progress, so as to endanger performance of the Game(s) subject to this

Agreement. (but see subparagraph A(4) below); or

3. Make progress, so as to endanger performance of any of the other terms of this

Agreement. ·

4. The Party's right to terminate this contract under any of the above provisions
of Article XIV(A) may only be exercised if the f~ling Party does not cure the identified
failure within ten (10) days, or other shorter or longer period of time stated in the notice,
and which is reasonable based on the nature of the failure, after receipt of written notice.
of default specifying the failure.

B. If the Agreement is tenninated in whole or in part, the non-defaulting Party may make
an agreement with another academic institution and/or its athletic department to play an
intercollegiate football game on the same or an alternate date, and the defaulting Party will be
liable to the non-defaulting party for any excess costs incurred by reason of entering into an
alternate game agreement. However, the Defaulting Party shall continue to meet the terms of the
part of the Agreement not terminated.

C. Except for defaults of subcontractors at any time, the Parties shall not be liable for
any excess costs if the failure to perform or meet the terms of the Agreement arises from causes
beyond the control and without the fauit or negligence of the defaulting Party. Examples of such
causes include (1) acts of God or the publia enemy, (2) acts of the Government or the AAA in
either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine
restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each
instance the failure to perform must be beyond the control and without the fault or negligence of
the Opposing Team.

D. If the failure to perform is caused by the default of a subcontractor at any tier or a

teaming arrangement partner or corporate si)onsor, and if the cause of the default is beyond the
control of both the defaulting Party and the subcontractor or teaming pru:tner and without the
fault or negligence of either, the defaulting Party shall not be liable for any excess costs for
failure to perform, unless the subcontracted or teaming partner supplies or services were
obtainable from other sources in sufficient time to play the Game or meet the tenns of the

E. The rights and remedies of the Parties under this clause are in addition to any other
rights and remedies provided by law or under this Agreement.

XV. Changes.

A. Either Party may, at any time, by written or verbal noticie, propose changes to the
Terms of the Agreement or propose additional terms, which are within the general scope of the

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Agreement. Any changes or additional terms to the Agreement must be mutually agreed upon by
the parties.

B. Any verbally disQussed or agreed upon change to this Agreement shall not be
effective, add to, nor change the terms of this Agreement until the change is executed in writing
as an amendment to the Agreement and the amendment is signed by each Party and the
Contracting Officer.

XVI. Reguirement of Contract Officer Signature and Approval. It is understood and agreed that
this Contract shall not be effective until signed by a duly authorized Contracting Officer on the
behalf of the F:und and the Staff Judge Advocate/Procurement Attorney. The term "Contracting
Officer'' shall mean the Chief of Staff/Fund Manager of the AAA, a person with the authority to
enter into, administerj and/or terminate contracts and make related determinations and findings. ·

XVII. Integration and Entire Understanding. This agreement sets forth the entire understanding
and agreement between the Parties and supersedes all prior negotiations, understandings, and
agreements with respect to the above identified Games.

' I
-z./7-5 Df3

~m. ~
Vice Chao.cellar for Finance

DATE: -+-/"--""/
Director of Intercollegiate Athletics

DATE: 3//0
~___;: lo9 _
Chief o~"'\lll>~++ITJ

JS'j)Vl/L---' DATE:_3_!t_~~-O-~--
Staff Judge Advocate/Procurement Attorney

THIS MODIFICATION is entered into by and between the Army Athletic Association
(hereinafter, AAA , or Fund), a non appropriated fund instrumentality in the Directorate of
Intercollegiate Ath letics at the U nited States Military Academy, West Po int, New York, and
the University of North Texas ( hereinafter, University of North Texas or the OPPOSING

This modification mod ifies the agreement ful ly executed on March 19, 2008 between the
previously mentioned pa1ties.

The agreement is modified as follows:

Delete: November 20, 20 10 game at West Po int, New York

Add: September 18, 2010 game at West Point, New York

October I 0, 2020 game at West Point, New York
October 09, 202 1 game at Dento n, Texas

Modify: Change the guarantee fo r the 18 September 2010 game (only) to now be

The other existing dates, guarantees, and contract terms remain unchanged.

The schedule will now read as follows:

1. AAA as HOM E TEAM for games played at West Point, NY and

VISTfNG TEAM for games played at De nton , TX.
2. The Uni vers ity of No1th Texas as HOME T EAM for games played at
Denton, TX and VTSTING TEAM for games played at West Po int, NY.



I. Time and Location Qf the _Oarrr~~}


November 21 , 2009 Denton, TX TBA

September 18, 20 10 West Point, NY TBA
October 22, 20 16 West Point, NY TBA
November 18, 20 17 De nton, TX TBA
September 08, 20 I 8 West Point, NY TBA
September 14, 20 19 Denton, TX TBA
October 10, 2020 West Point, NY TBA
October 09, 2021 Denton, TX TBA

All other terms and conditions re mained unchanged.



Director of Athletics

DATE: .2 v A</~ 4 9
Vice Chancellor for Finance


DATE: 2 SR_p og
Director of Intercollegiate Ath letics

DATE: Voz/()r




Th is letter confirms that the dates for the football games originally scheduled between Army West Point and
North Texas for 2019 and 2020 have been changed. Originally, Army was scheduled to travel to North Texas
on Sept. 14, 2019 and host North Texas on Oct. 10, 2020. Those game dates will be sites will effectively switch
by virtue of this Memo of Agreement to the following: Army will now host North Texas on Sept. 13, 2025 and
visit North Texas on Oct. 30, 2027.

In add ition, the games originally scheduled between Army and North Texas on Sept. 8, 2018 and Oct. 9, 2021
have been cancelled with no financial cost assigned to either team .

All terms previously set forth in the original contract between the schools (that included the original game
dates in 2019 and 2020) remain in place for remaining games contracted .

Based on this letter, Army and North Texas are currently contracted to play football games on the following
dates and sites. There are no other games currently contracted between the schools besides the three listed

Nov. 18, 2017 - Army at North Texas

Sept. 13, 2025 - North Texas at Army
Oct. 30, 2027 - Army at North Texas

Thanks for your assistance in adjusting this series.

~-: Date
Vice President/Director of Athletics
Army West Point University of North Texas

SSS Howard Road, West Point, NV 10996 •






Wren Baker
Vice President/Director of Athletics
University of North Texas
1155 Union Circle #311397
Denton, Texas 76203


This letter confirms that the football game between Army and North Texas, originally scheduled to be played
at West Point on Oct. 11, 2025, will now be played on Sept. 29, 2029 at West Point.

The other existing terms previously contracted between Army and North Texas remain unchanged.

The teams are also scheduled to play in Denton, Texas, on Sept. 16, 2028. Those are the only two games
currently scheduled between the teams.

Please sign and return. Once executed by both parties this document will serve as a modification to the
existing game contract.

Thanks for your assistance in adjusting this game date. We look forward to continuing the series.

EugenlNb«orrigwrJi Date
Director of Athletics Vice President/Director of Athletics
Army West Point University of North Texas

639 Howard Road, West Point, NY 10996 *

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