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Bao Charlotte 49ers Athletics Intercollegiate Football Game Agreement Date of Agreement October 18, 2017 Parties University of North Carolina Charlotte East Carolina University DaterLocation of Game(s) ‘August 31, 2024 Charitte, NC ‘August 30, 2025 ~ Greenvil Time of Games): Tap Stadium: (Charlotte) Jerry Richardson Staaiurn (ECU) Dowdy-Ficklen Stadium Game Consideration $200,000 te Visiting Tear. Complimentary Tickets 300 to Visiting Team: Tickets Available 2,000 for Sale to Visiting Team All other obligations ofthis intercollegiate football game are set forth in the terms and conditions below. ‘This Intercollegiate Football Game Agreement ‘Agreement’ is made and entered into as of the Date of Agreement set forth above, by and between the Parties. With respect to any intercollegiate football game contest ("Game") played hereunder one Party shail be the “Home ‘Team: and the other the “Visiting Tear’ as applicable Dased on the location of the Game. In Consideration of obigabons and covenants set forth herein, and other good and valuat ‘Consideration as set forth inthis Agreement, the Parties hereby agree as follows 1 Purpose: The purpose ofthis Agreement isto confirm the arrangements, terms, Conditions. and mutually understood agreements under which the Home Team ‘and Visiting Team will conduct and compete in one or more Games as set forth herein Event: The Parties agree to have their respective intercollegiate varsity football {team (‘Teams’) compete with one another in one or more Games in accordance with the terms ofthis Agreement. Rules of Contest: Each Game shall be govemed in all respects, including player eligibility, by tne applicable rules ofthe National Collegiate Athletic ‘Association (‘NGAA}) the respective athletic conference of which each institution isa member, and any insttutonal rues of each Party. as applicable and in eect atthe time of each Game, Officiats: Game officials shal include all on field appointed by the conference of the Visiting Team. The Visiting Team shall make payment necessary for the ‘assigned game officals. Consideration: |n consideration of and upon the Visiting Team fulfiling its ‘obligations under the terms of this Agreement, Home Team agrees to make ‘payment to Visiting Team, as full and complete consideration for participation in the Game the fixed sum payment set forth above ( ). Game Consideration is due and payable within ninety (90) days of the date of the applicable Game. Visting Team will rovide Home Team with an invoice evidencing the amount due under this Section subsequent to Game for issuance of payment. ‘Tickets: Tickets for admission to the Game willbe handled as follows: 2) Ticket prices willbe set and revenue generated from the sale of tickets will be retained by Home Team. 5) Home Team wil provide the number of complimentary admission tickets set forth above (‘Complimentary Tickets’) to Visiting Team for the Game at no ‘Cost. Any and al tckets utlized by Visiting Team in excess of the Complimentary Tickets wil be charged to Visiting Team in the aggregate sum ("Excess Ticket Usage Charge’) of the utiized tickets’ face value price, Any unsold tickets should be returned 45 days prior to contest. Home Team retains the right to colec! Excess Ticket Usage Charge. if applicable, by withholding the Excess Tickei Usage Charge from the Game Consideration Payable to Visiting Team descrited in Section 5 ©) Tickets shall not Be required for Visiting Team's cheerleaders, dance team, ‘andlor mascots appearing in uniform and on the sideline, Game Workers. Provided a Party's employee has an active, specific, and necessary game-related duty and responsibilty to perform at the Game (‘Game Worker’), such Game Worker shall be admitted to the Game by pass list and Credential and not through use or need of an admission ticket. Radio Rights: '@) Except as stated in Section 8(b) below. the Home Team shall retain any revenue fiom, and shall ave ful rignt and control ct. all locally cxiginating {and national racko rights to broadcast the Game, however disseminated, including, without limitation, by radio, satelite radio, andlor intemet. ) Notwithstanding the foregoing, Visiing Team shall be allowed one (1) rights- {reo radio outet fr the lve, commercial or non-commercial, lecaly originated radio broadcast nowever disseminated - including. without limtation, by radio, satelite radio andior Internet for which the Visiting Team shall retain the revenue from such broadcast. The broadcasting station is to be ‘designated by the Visiting Team and must be situated in the Visiting Team's ‘ocal home market area. ‘The Home Team shall provide adequate space for the radio outlet. All other radio broadcast rights and privileges, and receipts therefrom, shall Belong excluswvely to the Home Team Television, Film, and Video Rights: @) Visiting Team acknowledges and agrees that Home Team or Home Team's affiiatos conference (‘Conference’) exclusively owns and retains all television pay-per-view, cable, Intemet, and other righis to tape, broadcast, rebroadcast, and otherwise distribute, license, exhibit. sublicense, televise, transmit, or retransmit (collectwely referred to herein as "Broadcast" with each person or entity effecting or faciltating the Broadcast being reerred as 2 “Broadcaster’) the Game and any and all portions of the Game throughout the universe by any and all means, uses, and media now known of hereafter ‘developed (including Iecal, regional, or national cablecast or over-the-air transmission, and including by video or audio sirearning or other transmittal ‘of actual events or portions or summarizes thereof via the internet) (collectively herein “Broadcast Rights’). and to the extent the Visiting ‘Team has or wil have any such Broadcast Rights, the Visiting Team itrevocably assigns, conveys, and transfers al of such rights (including full ‘ownership of al copyrights) to the Home Team (or conference) in perpetuity, Neither the Visiting Team, nor Visting Team's conference. shail have Broadcast Rights except as otherwise expressly set forth herein or as may be agreed in wnrting by the Home Team on a case-by-case basis isting Team hereby grants each Broadcaster a license to use the {rademarks and logos ofthe Visiting Team and the names and likeness of the Visiting Team's individual players, participants, and coaches to promote ‘and publicize the Game and the participating teams and insttulions, provided that such trademarks, logos, names, and likenesses must not be used by any Broadcaster as an endorsement of any product or service orn connection with any poitical cause or candidate, or in any manner prohibited by applicable NCAA rules and regulations. The Visiting Team warrants to the Home Team and Conference thatthe Visiing Team has obtained the right to license the use of the names and likenesses of individual prayers, participants, and coaches for the purposes sel forth in this paragraph ‘Subject to the Conference's television policies and procedures, i the Game 's not telecast or cablecast, the Home Team may grant the Visiting Team ‘ights-free permission to telecasvcablecast to the Visiting Team's local home martet area, The Home Team shall have the right to charge a lee and retain ‘any income for the origination of any non-network telecast to areas other than the Visiting Team's local home market area. Neither team may distribute the telecast tothe opposing team’s state without the writian permission of the opposing team, ») Game Film or Tape, The Parties shall have the right to produce filmsivideotapes of the Game for football coaches’ review and analysis (‘Goaches’ Film’). The Home Team shall provide reasonable facites for Visiting Team's fim videotape equipment and personnel. Except as explicit, agrees in writing signed by both Parties, under no cicumstances shal the Coaches’ Film be used for commercial or promotional purposes or for any other purpose other than the football coaches’ review and analysis. 10. 1" 12 13 ©) Delay and Highlight Shows Subject to Conference agreements, Parties shall ave the nght to use excerpts from Game for use as highlights or within coaches’ television shows. Concessions, Parking, and Program Income: As between the Parties, the Home Team shall have the exclusive rights to concessions, parking, and ‘rogram income associated with the Game, Impossibility: If an unforeseen catastrophe or disaster - such as, without limitation, acts of God or of a public enomy, tir floods, epidemics, war, terrorism, invasion, hostilities, rebellion, insurrection, confiscation by order of the government, strikes, lockouts, rots, miitary or public authority oF prohibitory or ‘governmental authority. quarantine restrictions. or unusually severe weather — ‘makes it impossible or impractical to play the Game as agraed to by either Party, that Game shall be canceled or rescheduled, and neither Party shall be ‘esponsible to the other for any loss, damages, or ather cbigations of this Agreement. Notice of such a catastrophe or disaster shall 0 given as soon as possible Caneelation or Breach of Agreement: ®) If this Agreement is uniaterally canceled or the Agreement’ terms and Conditions are materially breached by the Visiing Team for any reason. including but rot limites to, failure to participate in the Game, then the Visiting Team shall make a payment to the Home Team equal to the total of the following amounts: |. Total expenses incurred by the Home Team, i any, in prepating for the Game which expenses shall include actual expenditures prior to ‘ne breach, and expenses obligated prior to the breach which cannot be avoided after the breach upon reasonable effort by the Home Team: and © Aum equal to $500,000. ') If this Agreement is unilaterally canceled or the Agreement’ terms and Conditions are materialy breached by the Home Tear for any reason, including but not limited to, faiure to participate in the Game, then the Home ‘Team shail make payment to the Visiting Team a sum equal to $500,000. ©) The Parties agree that i is dificut, with any fairness or certainty, to estimate ‘actual or consequential damages, and tnat any amounts due under this ‘Section 12 are a reasonable and contemplated estimate of damages and are at considered penalties 14) Amounts due under this Section 12 shall be paid by the canceling or ‘breaching Party within tity (30) days of te effective date of 1) notice of cancelation or 2) date of breach, whichever is earl, ©) Ifeancelation is by mutual consent, this Agreement shall be null and void Corporate Sponsor Restrictions: The Visiting Team acknowledges and ‘2rees that the Home Team andior the venue for the Game may have ‘agreements wih certain corporate sponsors and that such agreements may prevent the Visting Team from bringing certain products or tems in to the Home Teams stadium or displaying such tems openly in and around the fieki of play Visiting Team agrees to consult with the Home Team before the Game to ensure that the Visiting Team does not bring prohibited products or tems into the Home ‘Team's stadium that volate the Home Team's or tne venue's corporate sponsor agreements, Other Assessments: Each Party shall be solely responsible for payment of any assessments du to each Party's respective conference or any other governing body, including taxing authorites NGAA Bylaws: Each of Home Team and Visiting Team warrants that their respective Football programs will be a full FBS or FCS member and eligible per appropriate NCAA Bylaw during the applicable academic year and atthe lime of ‘each Gamo, Miscellaneous: This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes, in all respects, all other agreements either written or oral regarding this Agreement between the Home Team and the Visiting Team. No amendment to this Agreement shall be valid unless reduced to wriing ard signed by both Parties hereto. No condition, Covenant, duty, or obigation contained in this Agreerment can be waived except by written agreement signed by authorized representatives of each Party. Forbearance or indulgence in any form or matter by ether Party shall not be construed as a waiver nor in any way limt the legal or equitable remedies avaliable to tat Party The captions in this Agreement are inserted for convenience or reference only and in no way define, ceszibe. or imit the scape ‘or intent of this Agreement or any ofthe provisions hereof. The interests, rights, ‘powers, dutes, and liabitves of he Parties hereto shall attach fo the benefit of ‘and shall be binding upon each Party s respective successors, assigns and other legal representatives. if one or more paragraphs or provsions of ths Agreement ‘shall be declared invala ilegal, or unenforceable under applicable laws, said Invalid, itega), or unenforceable paragraphs or provisions shall be severed from this Agreement and the remaining paragraphs and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF. the Parties by their respective duly authorized representatives have ‘caused this intercolegiate Football Game Agreement to be executed as of the date fist written above UNIVERSITY OF NORTH CAROLINA AT ecu CHARLOTTE.) sigma _<—~7 some Lp Cima Printed _“DAbucl Saase Printed se Cor or” Title DOT kD Title: je Date [92519 date _0/22/77 Signed: Signed Prntes: Beh) Lawheeh tes Tile Rend Fnathol Coch Tite owe alae 9 Date: EAST CAROLINA DEPARTMENT OF ATHLETICS AGREEMENT ADDENDUM October 2, 2018 Mike Hill Director of Athletics Charlotte 49ers Athletics UNC Charlowte 9201 University City Blvd, Charlotte, NC 2823, Dear Mr. Thomasson: Please allow this leter to serve as an addendum to our previous Agreement signed on October 2: relating to the football game between University of North Carolina Charlotte and East Carolina University. We request the following change: ‘+ The date of the game previously scheduled on August 30, 2025 will now be played on September 27, 2028. Please attach this leter to the present contract. Also, indicate your acceptance by signing below. retain ‘one copy for your file, and retum one copy to me at your earliest convenience, ‘Thank you for your assistance. Sincerely, Dbltte~ Tee Workman Acting Chief Operating Officer By signing below, we acknowledge the above amen Mle _ jaf fle T Workman te Mike Hil Date’ ‘Acting Chief Operating Officer Director of Athletics East Carolina University University of North Carolina Charlotte {354 WARD SPORTS MEDICINE QLILDING - MAlL STOP 158» EAST CAROLINA UNVERSHTY » GREENVILLE NO ZTOSE-ATSE A

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