You are on page 1of 5
GEORGIA STATE Georgia State University Home and Home Football Game Agreement This Georgia State University Home and Home Football Game Agreement (the “Agreement”) is made and centered into this 14th day of February, 2018 (the “Effective Date”), by and between the Board of Regents of the University System of Georgia by and on behalf of Georgia State University (“Georgia State ersity”) and East Carolina University In consideration of the terms, conditions, covenants, and promises hereinafter contained, the receipt and sufficiency of which are hereby acknowledged, he parties mutually agree as follows: ‘Competition. Each party to the Agreement shall cause its Football Team to play Two (2) contests) of, Football. Schedule of said contest(s), which are scheduled by mutual agreement of the parties, shall be as set forth below: Date Location Time Game #1: September 2, 2023+ Georgia State Stadium ‘TBD Game #2: ‘September 16, 2028 Dowdy-Ficklen Stadium TBD ‘For Game #1, Georgia State University reserves the right to change the date of Game #1 to Thursday, August 31, 2023, Game time(s) will be decided by the home team, but shall be no earlier than 12 p.m, locl time and no later than 8 p.m. local time, unless mutually agreed in writing, Einancial Consideration. 8. Game [: In consideration of the playing of said contest, the home team agrees to pay the visiting team, as a full and complete guarantee for playing Game |, the fixed sum of Two-Hundred ‘Thousand Dollars ($200,000) on or before December 1, 2023, ». Game 2: In consideration of the playing of said contest, the home team agrees to pay the visiting team, as full and complete guarantee for playing Game 2, the fixed sum of Two-Hundred Thousand Dollars ($200,000) on or before December 1, 2028. Game Rules/Eligibility. The Game(s) shall be govemed by the rules and regulations of the National Collegiate Athletic Association (“NCAA”), and the rules ofthe applicable Home Teem conference in effect ‘on the date of the Game(s). The eligibility of student-athletes and coaches to participate in the Game(s) shall bbe determined by the rules ofthe NCAA, applicable conference(s) and the respective institutions in effect on the date of each Game. 8, Financial Aid Equivatencies - FCS Opponent: To confirm compliance with the provisions of NCAA Bylaws (8.7.2.2.1 and 20.9.72.1, the Visiting Team shal certify in writing and provide the Home Team with verification prior to signing the contract that it averaged 90% of the permissible ‘maximum number of grants-in-aid per year in the spor of football during the two (2) academic years immediately preceding the date ofthis Agreement. Further, Visiting Team shall certify in writing ten (10) months prior to the Game(s) that it intends to maintain compliance with the applicable NCAA Bylaws effective during the academic year in which the Game is scheduled to be played. If the Visiting Team is not in compliance with the above Bylaws at any time following the execution Of this Agreement, then Home Team has the option to cancel the affected Game without being subject to the cancellation fees contained within this Agreement, Game Officials, Officials shall be paid by the home team and shall be appointed by the home team. No Split erews will be assigned to the game(s) set forth above. Tickets/Entrance to Game(s) 2. Tickets prices shall be set by the home team. b. For each game set forth above, the visiting team shall be provided Four Hundred (400) ‘complimentary tickets and one thousand (1,000) tickets for sale tits followers, sad tickets to be in ‘number and location asset forth in the attached diagram (hereby referenced and incorporated herein as Exhibit A) © For cach game set forth above, the Visiting Team shall be allowed sixty (60) sideline passes. Sideline passes must be worn at all times by those holding such passes and shell be restricted tothe team bench area, The Visiting Team shall use its best efforts to provide a lst of all credentialed personnel tothe Home Team at leat five (5) days prior to each Game. 4 ‘The band members, cheerleaders, and mascots of each team shall be admitted free of charge provided they are in uniform and their attendance shall not be included in the respective game repor(), unless otherwise agreed upon by both institutions. Radio Rights. All radio distribution rights and other rights to create and distribute an audio-only account of ‘the Game(s) by any means of any wired or wireless device of any means or method of distribution, whether ‘now existing or hereafter developed, shall be the sole and exclusive property of Home Team, except that Home Team granted a limited, non-exclusive license (with no right of sublicense) to Visiting Team to create ‘and distribute its own live audio-only account of the Game(s), but only for distribution by means of (a) the established network of terrestrial radio stations maintained by Visiting Team for the entice season in which the Game(s) is to be played for distribution only by terrestrial over the air radio; (b) the official athletics, Internet website of Visiting Team, The receipts from such permitted audio broadcasts by Visiting Team shall belong to Visiting Team. Home Team agrees to provide, at no charge, reasonable space at Georgia State University Stadium for the radio personnel and equipment for Visiting Team’s radio broadcast of its account ofthe Game(s). Visiting Team shall be responsible forall of its equipment and expenses in connection with such audio broadcast of the Game(s). Except for the foregoing limited, non-exclusive license granted by Home Team to Visiting Team to create and distribute such audio broadcast as specifically set forth in this Section, all other rights, privileges, and receipts from such audio accounts of the Game(s), including without limitation by means of satelite, terestrial, or Internet radio or audiostreaming by means of the Internet through any website whatsoever, shall be reserved by and shall be the sole and exclusive property of Home Team, ‘Television Rights, Each ofthe undersigned parties understand and hereby acknowledges that Home Team hhasentered into, or may enter into, contractual arrangements with a broadcast partner(s) fr the sale of telecast rights or for a syndicated series of games for national or regional telecast. Home Team shall have the exclusive right to contract forthe live broadcast ofthe Game(s) played pursuant to this Agreement. Telecast” jis defined as any distribution, transmission, display, exhibition, projection, duplication, performing of licensing of audiovisual works by which audio and visual material are combined in any media or technology ‘now known or hereafter created (whether analog, digital or other means) capable of simultaneous receipt by consumers, including, without imitation, over-the-air terestial broadcast, cable, MMDS, satellite, high- Aefinition, subscription broadcast (STV), pay-per-view, video-on-demand, enhanced. or intersctive television, whether on a free subscription or pay basis, including the re-ransmission of any such works. “Telecast Rights” are defined as all rights to distribute, transmit, display, project, duplicate, perform, create derivative works of, or license visual or audiovisual material in any and all media and means of distribution whatsoever, whether now existing or developed in the future, including all Telecast media whatsoever (including, for the sake of clarity and not limitation, terrestrial broadcast, cable, satellite, high-definition, pay-per-view and video-on-demand), the intemet and any other form of computer distribution, all forms of enhanced television or interactive media, home video, DCD, distribution to mobile platforms (including, without limitation, PDAs and mobile telephones) and all other forms of new media, Visiting Team is responsible for ensuring that their affliated conference and/or network partner (or other applicable governing entity) understands and agrees to the media terms and conditions set forth in this Agreement. Home Team shall retain all telecast rights fees for the geme. Itis further agreed that: a. Each party may arrange for closed circuit television presentations ofthe game(s) on the respective campuses, and fom alumni groups around te country, an to rein the entire revenue derived therefiom. b. Each party shall have the right to produce film andor video tapes of the game(s) and to authorize their use for coaches’ shows and delayed telecasts, under restrictions of the epplicable conferences and any national governing bodies & Home team agrees (0 provide reasonable press box fecilities for the origination of programs described herein. d. All programs produced as a result of this Section shall be governed by applicable intercollegiate conference rules. To the extent that permission and/or approval of either or both schools is required by said rules or regulations for the origination and presentation of programs provided for herein, both schools do hereby agree that such permission shall not be unreasonably withheld. All credentials for media coverage of the Game(s) shall be issued by Home Team in its sole discretion and shall be further subject to those rules, regulations, terms and conditions established by the NCAA, the conference Home Team is a member of at the time of the Game(s), and Home Team, Game Operation/Program/Concession Rights. The home team shall have the game operation, program, ‘and concession rights ~ including all privileges and receipts therefrom - for the game(s) set forth above, Game Cancellation. For each game set forth above, either party failing to comply with the conditions of| Section 1 *Compettion”), ether by cancellation or flue to appear, shall Forfeit to the other party within thimty 20) days the sum of Five-Hundred Thousand Dollars ($500,000) asa cancellation fee and not asa penalty. If Georgia State University cancels any or all f the game(s) set forth above due toa change in its conference or divisional affiliation, or due toa change in Visiting Team's conference or divsioral affiliation, this Agreement shall be null and void and no cancellation fee shall be assessed on Georgia State University If any cancellation is by mutual written consent, then this Agreement shall be null and void Foree Majeure, The home team and the visiting team recognize that exigencies beyond the control of either party, such as Acts of God, Acts of common enemy, civil disorders, or orders of military or public authority, ‘may render it impossible to or highly undesirable to play the game or games agreed to hereunder, in which event or events the game or games shall be cancelled or rescheduled as such exigencies may dictate or permit. Under such circumstances and the home team and the visiting team agree to cancel the game or games, Section 11 ("Game Cancellation”) of this contract shall be null and void, Assignment. This Agreement and all rights and duties under this Agreement ate personal to visting team nd shall not, without the written consent ofthe home team, be assigned or otherwise encurnbered by visiting team or by operation of law. Any such assignment or other encumbrance made in violation of this Agreement shall be void. No Third Party Beneficiaries. No provision of this Agreement, express or implied, is intended to confer ‘upon any person other than the parties to this Agreement any rights, remedies, obligations, or liabilities. Severability. Ifany provision contained herein shall be deemed or declared unenforceable, invalid, or void the same shall not impair any of the otber provisions contained herein, which shall be enforced in accordance with their respective terms. Non-Waiver. No waiver by any party of any default or nonperformance shall be deemed a waiver of any ‘subsequent default or nonperformance. Entire Agreement; Amendment, This Agreement (including all addenda, exhibits, and schedules) is intended by the parties as the final and binding expression of their agreement and as the complete and exclusive statement of its terms. This Agreement cancels, supersedes and revokes all prior negotiations, representations and agreements among the parties, whether oral or vriten, relating to the subject matter of | this Agreement, This Agreement may only be amended or modified by written agreement executed by authorized officials of both institutions. [Signatures on Following Page] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials, as of the Effective Date Board of Regents of the University System of | East Carolina University George by anon bat of Georgi State Uaerty | Signe: | Siena | (aaa Title: Head Coach - Football = DELS | Name: Charlie Cobb Title: Head Coach ~ Football [= iE | Signaty ALE Cony Title: Director of Athletics oe 2a avi} & | la Name: Jerry Rackliffe Title: Senior Vice President for Finance & je aftene

You might also like