‘TEXAS STATE UNIVERSITY AND FLORIDA INTERNATIONAL UNIVERSITY FOOTBALL GAME AGREEMENT This Agreement is entered into this 9th day of April, 2019, by and between Texas State University hereinafter called (TXST) and Florida International University hereinafter called (FIU). For and in consideration of the mutual promises and covenants set forth herein, the parties agree as follows: 1, DATES AND LOCATIONS ‘The above institutions agree to cause their Football teams to meet and compete against each other in Games of Football (the “Game’) as follows, as part of a home and home agreement: DATE LOCATION September 11, 2021 Miami, Florida September 9, 2022 San Marcos, Texas ‘The time of each Game shall be a mutually agreed upon time to be determined at a later date. 2. ELIGIBILITY ‘The eligibility of all players who are to participate in each Game shall be determined by rules and regulations of the Sun Belt Conference (“SBC”), Conference USA (“ USA’), and the National Collegiate Athletic Association (“NCAA”). 3. OFFICIALS ‘The game officials shall be appointed by the host institution of cach Game. For the game hosted by TXST, Conference USA officials will be used. For the game hosted by FIU, Sun Belt Conference officials will be used. 4, GAME GUARANTEE Each Host Institution agrees to pay the Visiting Institution $200,000 (two hundred thousand dollars) as a Travel Exchange. The Travel Exchange 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. The Host Institution will retain all gate receipts. ' \ |5. BANDS AND CHEERLEADERS The band members of the Visiting Institution shalll be admitted, ifin uniform, without charge. The cheerleaders, dance team, 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. Home institution for each game will supply 500 tickets to Visiting institution to be sold on consignment. The Home Team 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 retumed to Home institution, 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, the year of the competition. Unsold tickets shall be returned to host institution no later than 10 days prior to the game. C. The Visiting Institution shall receive 300 complimentary 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 Home Team. 8. 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, 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) Any change in the date of the game shall require the consent of the Visiting Institution, which consent shall not be unreasonably withheld. 2‘The game also shall be available for telecasting by the Visiting Institution subject to the conditions set forth herein. |. RIGHTS OF RELEASE Following are the basis on which the respective institutions may release a telecast ofa game. Such a telecast may be made ona 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) () (h) 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; Internet video streaming. In addition, the Host Institution may use recorded footage of any game under this Agreement for the following purposes; a @) (3) 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 A.l.a., A.l.b., or A.l.c, above. 32) ‘Notwithstanding the foregoing, any release of a game or use of footage of a 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. Visiting Institution ‘The Visiting Institution shall have the following rights or release: (a) Live telecast into its home-area if not in conflict with either conferences’ television agreements, or in conflict with the home- team 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; (co) 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 purpose (1) for file, reference, audition, promotional and publicity purposes; 2) for any non-broadcast, non-commercial purpose not in conflict with the rights granted hereunder; (3) 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 Home Institution is a member and the Visiting Institution is a member, and the rules and regulations of such conferences, B. 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. “Delayed Release” shall mean presentation of a game telecast no earlier than the conclusion of the game.C. 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 pressbox facilities for the purposes of this Agreement. D. 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 Home Team shall own the live radio broadcasting rights. Proceeds from Home Team radio broadcasting shall belong to the Home Team. 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 Articles 11, or 12 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 $1,000,000 (one million dollars) within sixty days of the applicable Game date. Such sum if not paid at due date, shall bear interest at 10% per annum. 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 SBC or C-USA 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. Furthermore, should TXST and FIU join the same conference and/or share conference affiliation during the duration of this contract, said contract would be null and void. ‘This Agreement is signed the date shown by the duly authorized officials of each Institution, fi. dy S817 Chae 2a)14 ae ireslor Athletics Director "Date Florida International University ‘Texas State University esas 26//9 Special Asgistant to President Date ‘Texas State University