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BAYLOR UNIVERSITY v.

UNIVERSITY OF NORTH TEXAS


FOOTBALL GAME CONTRACT

THIS AGREEMENT is hereby entered into by and between BAYLOR UNIVERSITY, Waco,
Texas (hereafter "Baylor") and UNIVERSITY OF NORTH TEXAS, Denton, Texas, (hereafter
"North Texas"). i

1. Purpose. The purpose of this agreement is to confirm the arrangements made for holding
athletic contests between the respective intercollegiate athletics football teams representing
Baylor and North Texas.

2. Contest. The parties agree that their respective intercollegiate athletics football teams
shall compete in games (hereafter "the Game(s)") according to the terms of this agreement. The
Games shall be held as set forth below:

DATE HOME TEAM SITE TIME


September 2, 2028 Baylor Waco, TX TBA
September 1, 2029 North Texas Denton, TX TBA

3. Game Management. The home team shall manage the conduct of the Game, being
responsible for establishing ticket prices, arranging and conducting ticket sales, advertising and
other details attendant to the Game, including securing police, ushers, and other help, and all
other matters necessary or appropriate to the conducting of an NCAA Division I college football
game.

4. Officials. Game officials shall be provided by the Big 12 Conference when North Texas
is the home team and by Conference USA when Baylor is the home team. The visiting
team/conference shall be responsible for the cost of the Game officials.

5. Compensation of Visiting Team. No game guarantees shall be paid to the home or


visiting team for either contest.

Except for potential television rights fees as described in Paragraph 8 below, the visiting
team shall be entitled to no other or additional payments from the home team in connection with
the Game. • '

6. Complimentary Admissions. The home team shall give to the visiting team four hundred
fifty (450) complimentary tickets to the game. Home team will make efforts to locate such
tickets in one single block. In addition, the visiting team shall be given 60 sideline passes for
necessary personnel. All Game workers (defined as those who have a specific and necessary
duty to perform at the Game and who do not occupy sellable seats) shall also be admitted free of
charge, with such admissions not being included in the provided sideline passes. Cheerleaders
and mascots, in uniform, shall also be admitted free of charge. The visiting team shall use its
best efforts to provide a list of all such workers and personnel to the home team at least three (3)
days before the Game. The visiting team shall also be allowed parking passes at or near the
stadium for one (1) truck, four (4) buses and ten (10) autos. The visiting team shall be provided
with one hundred (100) complimentary game programs, to be delivered to its dressing room
before game time.

7. Tickets. The home team shall make available to the visiting team a minimum of three
thousand (3,000) tickets for the visiting team to attempt to sell for the Game. Visiting Team
must notify home team of ticket requests by June lsl of the respective year. The visiting team
shall pay full price to the home team for each ticket it sells hereunder. Any unsold tickets must
be returned by the visiting team by August 1st of the respective contest date, except for up to
fifty (50) tickets which the visiting team may return until the day of the game and receive credit
for those tickets returned. The home team shall invoice the visiting team for all tickets it retains.
The invoice should be paid no later than January 3 1st following the contest.

8. Television Rights. Baylor and North Texas acknowledge and agree that all television
rights for Games played pursuant to this agreement are subject in all respects to television
agreements entered into by the Big 1 2 Conference and Conference USA on behalf of their
membership.

Both Baylor and North Texas acknowledge that the Big 12 Conference and Conference
USA may have entered into cross-over television agreements clarifying that the television rights
to home games of a conference's member institution are available for selection pursuant to the
television agreements of that conference with all fees paid for those rights to be retained by the
conference.

In the event that the television rights (live or delayed, or both) to the Games are not
subject to a conference agreement, the parties acknowledge that those television rights shall be
held by the home team.

Both Baylor and North Texas shall have the right to film and/or videotape the Game for
internal use and coaches' shows only. The home team shall provide the visiting teams with
appropriate facilities and camera location(s) for the making of such films or videotapes.

9. Radio Broadcast. The visiting team shall be allowed one (1) complimentary radio outlet
for a live radio broadcast and shall retain the revenue from such broadcast. The visiting team's
radio outlet will be responsible for ordering and the payment of all telephone and broadcast lines
incidental to their broadcast.

10. International Broadcast. The parties may each market the Game for international
broadcast, either live or on a taped basis, with both parties sharing revenues therefrom equally.

11. Rules of the Game. The Games shall be governed by all applicable rules of the NCAA.
All players shall be eligible as provided by NCAA rules.

12. Force Majeure. It is herein agreed that neither party to this agreement shall be held liable
for delay or failure in performance or shall be required to pay liquidated damages under
Paragraph 13 herein for canceled or defaulted game resulting from events or acts which are
beyond the control of such party and shall constitute an event of force majeure. Such events or
acts shall include without limitation, acts of God, epidemics, fire, floods, athletic program
termination, strikes, lockouts, riots, war, invasion, hostilities, rebellion, civil insurrection,
confiscation, or order of the government, military or public authority, or prohibitory or injunctive
i-
orders entered by any competent judicial or governmental authority, civil or military. The
preceding notwithstanding, and financial obligations incurred by the party capable of performing
shall be shared equally by the performing party. Notice of any such event shall be given as soon
as possible.

13. Liquidated Damages. Except where the appearance of cither team is prevented by one of
the events described in Paragraph 12, the institution whose team fails to appear and participate in
the Games provided in this agreement shall pay the other institution the sum of One Million
Dollars and No Cents ($1,000,000) within sixty (60) days of the applicable Game date. Such
sum, if not paid at the due date, shall bear interest at 10% per annum.

14. Controlling Law. This agreement shall be construed in accordance with the laws of the
State of Texas, This agreement represents the entire agreement between the parties. No prior or
contemporaneous written or oral agreement, condition or covenant not specifically set forth or
incorporated by reference herein shall be of any force or effect. This agreement may only be
modified in writing, signed by representatives of both parties.

15. Duplicate Execution. This agreement may be executed in counterparts. It shall be


deemed effective upon each party's execution of a copy of this agreement and its exchange with
the other party, so that each has a textually copy signed by the other.

IN WITNESS WHEREOF, the parties have executed this agreement as follows:

BAYLOR UNIV^RSHY UNIVERSITY OF NORTH TEXAS

By:. By:
Mack Rhoades Wren Baker '
Vice President and Director of Intercollegiate Athletics Vice President and Director of Athletics

Date: /- n-rf Date:

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I
/U-
ATTEST:.
Marshal. Dyfckworth,
Assistant Secretary

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