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FOOTBALL CONTRACT This AGREEMENT is made and entered into this 15th day of June 2018 in the City of Ypsilanti, Michigan, by and between EASTERN MICHIGAN UNIVERSITY and TEXAS STATE UNIVERSITY, and the signatures of their respective duly authorized agents (the “Parties”), For the promises and other good and valuable consideration as set forth in this agreement, the Parties hereby agree as follows: 1. Event(s). Each party shall cause their respective Football teams to compete at the following date, location, and time (the “Event(s)") Game # Date site Time 1 September 25, 2021 Ypsilanti, Mi TBD 2 ‘August 30, 2025 ‘San Marcos, TX TBD 2, Financial Considerations. Eastern Michigan University will pay Texas State University $150,000.00 by January 31, 2022. Texas State University will pay Eastern Michigan University $150,000 by January 31,2026. No-Show. The parties agree that if either party fails to cause its team to play in the Event(s), the other party will suffer damages that will be difficult to calculate with certainty. Accordingly, if party fails to cause its team to play at an Event, that party shall pay the other party the sum of $500,000.00 as liquidated damages, within one week of Event. The parties agree that the amount to be paid hereunder as liquidated damages is not intended asa penalty, and is a reasonable advance estimate of projected damages. If cancelation is by mutual consent, this agreement shall be null and void. 4. Notwithstanding any other provisions of this Agreement, if either party is prohibited from appearing on television by the NCAA or the governing conference of either team (if applicable), and such prohibition applies to a Game, or if either team is not permitted to count the game towards bowl eligibility, then the liquidated damages provision of this paragraph shall not apply, and either party shall have the right to cancel that affected Game and the non-sanctioned party shall have the right to file a claim, if necessary, to recover its actual (but not consequential) damages arising out of the failure or inability of the sanctioned party to fulfill ts contractual obligations hereunder. 5. Officials. The officials for the Event(s) will be assigned by the home team’s athletic conference, and the expenses of such officials will be paid by the home team for the Event. 6. Rules of the Contest and Athlete Eligibility. Each contest shall be governed in all respects, including the eligibility of team members, by the rules of the National Collegiate Page 1 of 3 Athletic Competition Agreement Athletic Association (NCAA), the athletic conference to which the team belongs, and the institutional rules of each party. Each party shall ensure that its athletes participating in the Event(s) will be eligible under the rules of the National Collegiate Athletic Association (NCAA) and the respective athletic conferences of the participating teams. 7. Radio and Television Rights. Radio and television rights to the Event(s) will be retained by the home team. These rights are broadly construed to include broadcast, cable, satellite, internet streaming and all other methods of delivery of sound and images of the Events, The visiting team will be permitted to broadcast the game on its station, 8 Complimentary Tickets. 400 comp tickets will be provided. The Visiting Institution's Band, Cheerleaders and Mascot(s) shall be admitted to the Game when in uniform. Seating for the Visiting Institution's Band shall be in a contiguous blocked location as determined by the Host Institution. The Visiting Institution shall inform the Host Institution of the approximate number of band members. 9. GAME MANAGEMENT: A. The HOME TEAM shall be responsible for managing the Game at its own cost. This shall include but not be limited to the procurement of the facility, arranging for and conducting ticket sales, advertising, security, and all of the other details customarily associated with hosting an intercollegiate football Game, along with paying all expenses associated therewith, except for the expenses of the VISITING TEAM. The HOME TEAM agrees to have a medical doctor and ambulance with emergency personnel at the Game site throughout the duration of the Game. B. The HOME ‘TEAM shall retain all revenue associated with each Game unless otherwise set forth in this Agreement. 10. Force Majeure. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, acts of God, power outages, governmental restrictions, civil unrest, and inclement weather. Ifany event of force majeure occurs, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event of force majeure. Additionally, in the event of a national crisis or localized tragedy that would make it impossible or impractical to complete the agreed upon Event, the parties may mutually agree to invoke this provision without either party being in breach or paying liquidated damages. Notwithstanding the foregoing, either party may terminate this Agreement without penalty in the event that a delay due to an event of force majeure continues for a period of sixty (60) uninterrupted days. ‘The parties agree that if an Event is cancelled under this section, the parties will make reasonable efforts to reschedule that Event within the same athletic season as the cancelled Event, Page 2 of 3 Athletic Competition Agreement Eastern Michigan Universi Texas State University Signed:_— - Signed: Bei bach Prodident President 9-49-18 Date: Z/24//P Date:_ 9-4-1 —__ Signed peogfise Director of Athletics ifector of Athletics Takes :iursstscsececeeeen date: 3/221 EMU Legal Affairs “Approved as to Legal Form’ Page 3 of 3 Athletic Competition Agreement

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