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BAYLOR UNIVERSITY v. TEXAS STATE UNIVERSITY FOOTBALL GAME CONTRACT ‘THIS AGREEMENT is hereby entered into by nnd between BAYLOR UNIVERSITY, Waco, ‘Texas (hereafter “Baylor”) and TEXAS STATE UNIVERSITY, San Maroos, Texas, (hereafter “Texas State”). 1. Purpose. The purpose ofthis agreement is to confirm the arrangements made for holding athletic contests between the varsity football teams represeuting Baylor and Texas Siate, 2, Contest. The parties agree that their respective varsity football teamns shall compete in games (hereafter “the Game(s)”) according to the terms of this agreement. ‘The Games sh hold as set forth below: DATE HOME TEAM ‘SITE TIME ‘September 18,2021, Baylor ‘Waco, TX TBA ‘September 17, 2022 Texas State ‘San Marcos, TX. TBA September 2, 2023 Baylor Waco, TX ‘TBA 3. Game Management. The home tenm shall manage the conduct ofthe 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 alll ‘other matters necessary or appropriate tothe conducting of an NCAA Division I college football game, 4. Officials. Game officials shall be provided by Texas State and the Sun Belt Conference for the contest in 2021. Game officials shall be provided by the Big 12 Conference for the ‘contest in 2022 and 2023, The conference/team that provides that assigns the game officials shall be responsible for the respective cost, 5. Compensation of Visiting Team, Baylor shall pay Texas State a game guarantee in the ‘sum of $350,000 for playing in the 2021 contest. No game guarantee fee shall be paid by Baylor or Texas State for the contest in 2022. Baylor shall pay Texas State a game guarantee in the sum 0f $375,000 for playing in the 2023 contest. Guarantee fee shall be payable no later than February 1 of the year immediately following the contest. Except for this fee and 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 tenm shall give to the visiting team twelve hhundred (1200) complimentary tickets to the game, The visting team may use these tickets in ‘any manner to include, player comps, band, or selling them to thelr respective fans, The sale price ofthat ticket must be at face value, Should the home team agree to have a performing Visiting marching band, admission would need to come fiom i allotmnent, In addition, the visiting team shall be given 60 bench passes for necessary personnel, Cheerleaders and mascots, in uniform, shall be admitted free of charge. ‘The home team shall provide to the visiting team parking passes for up to one (1) truck, four (4) buses and ten (10) ‘autos. The visiting team shall be provided with one hundred (100) free game programs, to be delivered to its dressing room before game time. 1 Tickets. In addition to the Complimentary Tickets, the home team shail make available to the visiting team up to two thousand (2,000) additional tickets for the visiting team to attempt to sell forthe Game, Visiting Team must notify home team of ticket requests by July 1" of the respective contest year. The visiting team shall pay full price to the home team for each ticket it sells hereunder. Any unsold tickets must be retuned by the visiting team within 14 days of the respective contest date, except for up to twenty (20) tlokets which the visiting team may return until the day of the game and receive oredit for those tickets returned. ‘The home team shall nvoice the visiting team forall tickets it retains, The invoice should be paid no tater then, December 31* following the contest. 8, Baylor and Texas State acknowledge and agree that all television 3. Television Rights. rights for Games played pursuant to this agreement are subject in all respec to television agreements entered into by the Big 12 Conference and the goveming conferences for Sun Belt on behalf of their membership. Both Baylor and Texas State acknowledge that the Big 12 Conference and the Sun Belt may have entered into oross-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 Texas State 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 term shall be allowed one (1) free 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 brondcast lines incidental to their broadcast. 10. Intemational Broadcast. The parties may each market the Game for international broadcast, either lve or on a taped basis, with both parties sharing revenues thereftom equally. 11. Rules ofthe Game. The Games shall be governed by all applicable rules of the NCAA. All players shall be cligible 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 tequited 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 foree majeure. Such events or acts shall include without limitation, acts of God, epidemics, fire, floods, athletic program ion, stikes, lockouts, rots, war, invasion, hostilities, rebellion, civ confiscation, or order of the goverment, military or public authority, or prohibitory or injunctive 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 patty. Notice of any such event shall be given as soon as possible, 13, _Liquidated Damages. Except where the appearance of either 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 Five Hundred ‘Thousanel Dollars and No Cents ($500,000) within sixty (60) cays 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 agreoment shall be construed! in acoordance with the laws of the State of Texas, This agreement represents the entire agreement between the patties, No prior or ‘contemporaneous writien or oral agreement, condition or covenant not specifically set forth or incorporated by reference herein shall be of nny foree or effect, ‘This agreement may only be ‘modified in writing, signed by representatives of both parties. 15. Duplicate Exeoution. ‘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, $0 that each has a textually copy signed by the other, IN WITNESS WHEREOF, the parties have executed this agreement as follows: BAYLOR UNIVERSITY ‘TEXAS STATE UNIVERSITY py_t c By hh leetve. Geen ian MeCaw anttence Tels Vice President and Athletics Director Director of Athletics pa eic/oat tea Date__3/13) 15 ATTEST. UN flick ‘ Assistant Secretary

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