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TEXAS STATE UNIVERSITY AND LAMAR UNIVERSITY FOOTBALL GAME AGREEMENT This Agreement is entered into this 29th day of April, 2019, by and between Texas State University hereinafter called (Host Institution) and Lamar University hereinafter called (Visiting Institution). For and in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 1. DATE AND LOCATION ‘The above institutions agree to cause their varsity football teams to meet and compete against each other in a Game of Football (the “Game’) as follows: DATE LOCATION August 31s, 2024 San Marcos, Texas ‘The time of the Game shall be determined by the Host Institution. This agreement is in conjunction with and connected to a Men’s Basketball home and home agreement, attached hereto and incorporated herein for all purposes, wherein the first game is to be scheduled during the 2021-2022 basketball season on a mutually agreeable date and time, and played in Strahan Arena at the University Event Center at Texas State University in San Marcos, Texas. Return game to Lamar University will be held during the 2022-2023 season and will take place in Beaumont, Texas at Lamar University. Specific dates and times for both contests are TBD. 2. ELIGIBILITY ‘The eligibility of all players who are to participate in the Game shall be determined by rules and regulations of the Sun Belt Conference (“SBC”), the Southland Conference (SLC), and the National Collegiate Athletic Association (“NCAA”). 3. OFFICIALS ‘The game officials shall be appointed by the Host Institution. 4 FUNDS AGREEMENT Host Institution agrees to pay the Visiting Institution $310,000 as a Guarantee, ‘The Host Institution will retain all gate receipts. The Guarantee shall be paid to Visiting Institution on or before February 15 of the year following the Game. Any sum not paid by the due date shall bear interest at 10% per annum. Host Institution will pay the Guarantee, as defined herein, to Lamar University, provided Lamar University has awarded an average of ninety percent (90%) of the 1 permissible maximum number of Grant-In-Aids per year in football over a rolling two-year period, as per the 2016-2017 NCAA Division I Manual, Football Scheduling Requirements in 20.9.7.2.1. 5. BANDS AND CHEERLEADERS ‘The band members of the Visiting Institution shall be admitted, if in uniform, without charge. The cheerleaders and mascots of the Visiting Institution shall be admitted, if in uniform, without charge. 6. TICKETS ‘Tickets for the Visiting Institution shall be allocated as follows: 7 A. Host Institution will supply 1000 tickets to the Visiting Institution to be sold on consignment. The Host Institution shall solely determine the price of tickets and be responsible for printing tickets, for determining policies for ticket sales and for distributing tickets to the Visiting Institution. All tickets sold by the Visiting Institution, except for those described in section C., shall be sold at the printed price with revenues returned to Host Institution within 30 days of invoice receipt. Such prices shall be furnished to the Visiting Institution by May 10 of the year preceding the Game. B. The tickets shall be provided to the Visiting Institution by July 31, 2024. C. The Visiting Institution shall receive 300 complimentary pass list tickets for its use for coaches, players, or other complimentary passes. Extra tickets may be re-sold by Visiting Institution, at a price the Visiting Institution may determine, with revenues remaining with Visiting Institution, GAME RECEIPTS Revenues from the gate receipts, concession sales, programs, pictures, parking and other associated game activities shall belong exclusively to the Host Institution. TELEVISION ‘The parties hereto mutually desire that the game should have maximum media exposure, including exposure via television if possible. Each party may enter into agreements for television and radio coverage of the game so long as said agreements are in compliance with the provisions set forth herein. A. AGREEMENT TO TELECAST Each game covered hereunder shall be available for telecasting by the Host Institution. The Visiting Institution shall agree to the following: (1) The scheduled start time for the game is subject to change for the purpose of accommodating live telecasting opportunities. 2 (2) Any change in the date of the game shall require the consent of the Visiting Institution, which consent shall not be unreasonably withheld. ‘The game also shall be available for telecasting by the Visiting Institution subject to the conditions set forth herein. B. RIGHTS OF RELEASE Following are the basis on which the respective institutions may release a telecast of a game. Such a telecast may be made on a free, pay, or pay-per-view basis. 1) Host Institution ‘The Host Institution shall have the following rights of release for live and delayed telecasting: (a) (b) (o) (a) (©) 0 @ National network television; National cable television; Conference television package via over-the-air, cable or satellite transmissions; Institutionally syndicated package; Home-area release; Release via any other means of transmission not listed herein which may exist or be developed; plus Delayed telecast without restriction. In addition, the Host Institution may use recorded footage of any game under this Agreement for the following purposes; a 2) 8) for file, reference, audition, promotional and publicity purposes; for any non-broadcast, non-commercial purpose not in conflict with the rights granted hereunder; for highlight shows, coach’s shows, or other commercial ventures inuring solely to the benefit of the Host Institution or its conference. ‘The Host Institution, however, will not permit its telecaster(s) to sell or otherwise make available a feed of the signal of the game telecast to any telecaster or cablecaster in the home area of the Visiting Institution. This provision is not applicable to items B.l.a, B.1.b., or B.l.c, above. ‘Notwithstanding the foregoing, any release of a game or use of footage of a 3 game played hereunder by the Host Institution must comply with the applicable national network or national cable contract of the conference of which the Host Institution is a member, and the rules and regulations of such conference. 2) Visiting Institution ‘The Visiting Institution shall have the following rights or release: (@) Live telecast into its home-area if not in conflict with either conferences’ television agreements, or in conflict with the home institution market, which shall supersede this agreement; (b) Delayed telecast into the Visiting Institution’s Home Area and whatever additional area it wishes so long as such long as such release does not conflict with the terms of the Home Institution's conference or institutional contract or the visitor’s conference’s contract governing time exclusivity; (©) Such additional live rights as may be granted it by the Host Institution. In addition, the Visiting Institution may use recorded footage of any game ‘under this Agreement for the following purposes: (1) for file, reference, audition, promotional and publicity purposes; @) for any non-broadcast, non-commercial purpose not in conflict with the rights granted hereunder; (9) for highlight shows, coach’s shows, or other commercial ventures inuring solely to the benefit of the Visiting Institution or its conference. Notwithstanding the foregoing, any release by the Visiting Institution of a game or use of footage of a game played hereunder must comply with the applicable national network or national cable contracts of the conferences of which the Host Institution is a member and the Visiting Institution is a member, and the rules and regulations of such conferences. C. DEFINITIONS For the purposes of the Agreement “Home Area Telecast” shall mean a release in one or more markets near the releasing institution’s main campus, but not on such a numerical (station) or geographical basis as to constitute a syndication. “Home Area,” for SBC institutions, shall be defined as set forth in the conference rules and regulations. “Home Area” for non-SBC institutions shall mean the area agreed to by the parties. “Delayed Release” shall mean presentation of a game telecast no earlier than the conclusion of the game. D. FACILITIES The Host Institution agrees to provide the Visiting Institution, at no cost to it, adequate facilities at the game site to originate a television broadcast of the game, or, if in the good faith determination of the Host Institution and facilities do not so permit, to provide the Visiting Institution a clean video feed and natural sound audio feed of its telecast, plus space for the Visiting Institution’s announcers. The Host Institution or its television producer may charge the guidelines for such a feed. Notwithstanding any other provision of this Agreement, the Host Institution shall not be required to make any alteration to or expansion of existing television or radio broadcast or press box facilities for the purposes of this Agreement. B. DISTRIBUTION OF REVENUE If the game is televised as part of a conference package or series, there shall be no rights fee paid the Visiting Institution or its conference. All of the television rights feed, if any, shall be retained by the Host Institution and its conference. In all other instances, any rights fees received by the televising institution(s) shall be retained by the televising institution(s) for both a live and delayed telecast of the game. 9, RADIO ‘The Host Institution shall own the live radio broadcasting rights. Proceeds from Host Institution radio broadcasting shall belong to the Host Institution. However, the Visiting Institution will be given an outlet free of charge for radio coverage. Revenue collected by the Visiting Institution shall belong exclusively to the Visiting Institution. 10. DEFAULT Except where the appearance of either team is prevented by one of the events described in Article 11 below, the institution whose team fails to appear and participate in the Game provided for in this Agreement shall pay the other institution the sum of $500,000.00 within sixty days of the applicable Game date, Should Lamar University not be a member of the Football Championship Subdivision or Football Bowl Subdivision in 2024 they will be liable for the buyout described herein. Such sum if not paid at due date, shall bear interest at 10% per annum. Terms of default regarding the Men’s Basketball agreement, attached hereto and incorporated herein, are set forth in said agreement. 11, FORCE MAJEURE Neither party shall be considered in default of this Agreement for the failure of its Intercollegiate Football Team to appear and participate in a Game for reasons due to acts of God, natural disaster, national emergency, labor disputes, war, order of a state or federal court or similar events beyond the control of the party that fails to appear. 12. MODIFICATION OF CONFERENCE RULES AND REGULATIONS: It is agreed that in the event the rules and regulations of the NCAA, the Sun Belt Conference or Southland Conference should be amended, modified or changed in any manner so as to make the terms of this Agreement to be in conflict with the subsequently changed rules or regulations, then the terms of this Agreement are to be considered amended so as the terms shall not be in conflict but in accord with such Rules and Regulations. ‘This Agreement is signed the date shown by the duly authorized officials of each Institution. Jul 8, 2019 Director of Athletics Date |, Director of Athletics ate Lamar University ‘Texas State University Edyl au A ase A te hh. WwW edward Ness President “Ih, j,q Date We ee eiel) | Vice President, Finance and Operations ‘Texas State University leh? 4 Jul, 2019 |"

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