‘Bana Epa SONIC ATSSACIO OTT AREECSOEDD FOOTBALL GAME AGREMENT ‘THIS FOOTBALL GAME AGREEMENT (“Agreement”) is made and entered into this ___ day of 2019 (“Effective Date") by and between the Board of Trustees ofthe University of ‘Alabama for the University of Alabama at Birmingham (“UAB”) and University of Louisiana at Lafayette CUL Lafayette"). \WITNESSETH THAT: WHEREAS, the parties hereto desire to enter into this Agreement to compete in intercollegiate varsity football games for the mutual benefit ofthe parties and in order to promote athletics competition and schoo! spirit; and NOW THEREFORE, in contemplation ofthe relationship to be established between the parties and in ‘consideration of the mutual covenants and conditions contained herein, the parties mutually agree as follows |. The partes hereto agree that their respective intercollegiate varsity football teams shall participate in football games (“Game(s)") in accordance with the tems of this Agreement. The Games shall be played on the dates and a the locations asset forth below: GRAD wimingnam, al TD UAB UL Lafayede September 19, 2026 Lafayette, LA TBD. UL Lafayette UAB The time of said Games will be determined by the HOME TEAM, ‘The Games shall be governed in all respects, including the eligibility ofthe participants, by the rules and regulations ofthe NCAA, the individual institutions, and the interollegiate conferences to which each party is a member. 3. Ticket prices to each Game will be st by the HOME TEAM. 4, This is a HOME/HOME agreement with no financial guarantees associated. 5. In the event that the VISITING TEAM chooses to bring its spirit groups, the band, cheerleaders, ‘and mascot of each squad shall be admitted fre of charge provided they are in uniform. 6, The VISITING TEAM shall be allocated tickets forsale (on consignment) to its followers and quantities will be mutually agreed upon, The location ofthe tickets shall be located on the same sideline as the VISITING TEAM bench. Ticket prices for each Game shall be set by the HOME ‘TEAM. The VISITING TEAM shall return all unsold tickets to the HOME TEAM within seven days prior to the Game for fll edit. Full payment of amount due from VISITING TEAM for ‘consignment tickes shall be paid to HOME TEAM no later than 60 days after the Game is played.Doin Ersps T SOHTOERRREAESO TTT RAEEOOEBOT Page 2of3 7. ‘The VISITING TEAM stall receive $00 complimentary tickets to distribute at their discretion 8, The HOME TEAM shall control all radio broadeast rights and privileges, and receipts thereftom shall belong to the HOME TEAM, provided, however, the HOME TEAM shall provide space for ‘one (1) free broadcast outlet for the purpose of exclusive broadcast on the established radio network ofthe VISITING TEAM only, receipts from which shall belong tothe VISITING TEAM. 9. Television rights shall be the property ofthe HOME TEAM and conform to existing conference and national governing body contracs. No live television ofthe Games covered by this Agreement shall be permitted without written permission of the HOME TEAM. This is to included pay-per- ‘view and any delayed broadcast or replay. It is further agreed that: 1. Each party shall have the right to produce film and/or video tapes of the Games and to ruthorize their use for coaches’ shows and delayed telecasts, under restrictions of the ‘conference and any national governing bodies. b, HOME TEAM agrees to provide reasonable press box facilities forthe origination of programs described herein ‘All programs produced as a result of this Article shall be governed by intercollegiate conference rules. To the extent that permission and/or approval of either or both parties is requited by said rules or regulations for the origination and presentation of programs provided herein, both parties do herby agree that such permission shall not be unreasonably withheld 10. The VISITING TEAM for each Game hereby authorizes the HOME TEAM (and its conference) ‘to use (and to authorize each entity effecting or facilitating the telecast or other distribution of such ‘Game to use) the trademarks and logos ofthe VISITING TEAM and the names and likenesses of the VISITING TEAM'S individual players and coaches to promote and publicize such Game and, the participating teams and institutions, provided that such trademarks, logos, names, and likenesses must not be used as an endorsement of any product ot service or in connection with any politcal cause or candidate, or in any manner prokibited by applicable NCAA rules and regulations. The VISITING TEAM for each Game warrants to the HOME TEAM and its conference that the VISITING TEAM has obtained the right to license the use of the names and likenesses of individual players and coaches for the purposes set forth in this Section 10. "Notwithstanding the foregoing, inthe event that the VISITING TEAM notifies the HOME TEAM (or its conference) no later than seven (7) days prior to the applicable Game thet it was unable to secure the rights to use the names and likenesses of any of the VISITING TEAM'S individual players or coaches to promote and publicize such Game as provided above, the HOME TEAM. {and its conference) will refrain from using such name or likeness in a manner that would infringe ‘any such necessary rights, andthe VISITING TEAM will not be deemed to have granted any such rights hereunder. Officials for the Game shall be assigned by the VISITING TEAM and paid for by the HOME TEAM. 12.1 is agroed by both parties that in the event of a breach or cancellation by either party, actual ‘damages would be of an uncertain amount and, in view of tht fact, the breaching party shall pay 2ison snap In HSDTOE-REE ean atFraREEACERD Page 03 he nonbreaching party Three Hundred Thousand Dollars ($300,000) per Game affected as reasonable and contemplated liquidated damages and payment is duc within 30 days of breach. 13.In the event of fire, flood, hutican, tomado, eathquake, war, invasion, hoses, rebellion, insurrection, confiscation by order of the government, military, or public authority or prohibitory - governmental authority, including that of the intercollegiate conferences ar the NCAA. bath paris shall be relieved of any and all obligations ofthis Agreement for the affected Game. The Btfected Game will be cancelled and neither party willbe responsible to the oter for any’ loss oF damage as a result of sid cancellation. 14, The parties shall ensue they provide accepable scholarship equivalencieslimis per NCAA for the Game to qualify as an FBS countable game and must notly the other party immediately if these requirements are not met. In the eveat that one party’ does not meet the minimum ‘qualifications, the other party as the right to cancel the Game with no breach or cancellation penalty. In the event of such cancellation the non-FBS countable party shall incur financial penalty of Thee Hundred Thousand Dollars ($300,000) as liquidated damages to the PBS ‘countable pry 15. This Agreement may be executed in multiple counterparts, each of which shall be deemed an ‘original, but all of which together shall constitute one andthe same instrament. ‘The persons executing ths Agreement on behalf ofthe respective parties hereto herby warrant tha they are duly authorized and empowered by th partes hereto 80 ta exeedte Director of Athletics University of Louisiana at Lafayee C +49 *BSHTEl Trustees of The Univesiy of De, Joseph Sav) Alabama for The University of Alabama at President Birmingham University of Lou bae00| riba