if University of Urah INTERCOLLEGIATE ATHLETIC EVENTS AGREEMENT University of Utah ‘This Intercollegiate Athletic Events Agreement (*Agreement”) is entered into and effective as of July 30, 2015 by and between the University of Utah (“Utah”) and Brigham Young University ("Brigham Young”) for the purposes of scheduling and participating in athletic events between their respective men’ s varsity football teams. NOW THEREFORE, in consideration of the mutual promises, conditions and undertakings set forth herein, the parties agree as follows: 1, Scheduled Games. In furtherance of the purposes of this Agreement, the parties agree to play a series of athletic events (each of which shall be referred to herein singularly as a ““Game" and collectively as the “Games") between the men’ s varsity football teams representing each of the respective parties according to the following schedule: Date Time Locstion (“Home Team"), (“Visiting Team) August 29, 2019* TBA Brigham Young ‘Utah ‘September 3, 2020°* TBA Utah Brigham Young ‘**The parties will work with their respective conferences/broadcasters to schedule the games on the specified Thursdays. However, the ultimate determination of the date and time of the Game will be determined by the conference/broadcaster and may secur on. Thursday, Friday or Saturday of the specified week. 2. Financial Arrangements. The Home Team (as defined above) shall pay to the Visiting Team (as defined above) the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), Such compensation shall be due end payable within ninety (90) days following each Game. 3. Tickets. Visiting Team shall receive up to three hundred (300) complimentary tickets to each Game with the option to purchase up to but not limited to 2,500. 4, Governing Rules. Each Game shall be governed in all respects, including the appointment of officials and eligibility of players, by the rules and guidelines of the National Collegiate Athletic Association ("NCAA") and the respective conference or athletic association of Home Team. Officials will be assigned and paid for by the institution of the Visiting Team, with the exception of the replay crew, which shall be assigned and paid for by the Home Team, or the Home Team’s conference, The replay crew includes the head replay official, communicator, technician, and any assistants. Athletics Department = 1825 East South Campus Drive Salt Lake City, Utah 84112 801-581-8171 utahutes.com5, Television and Radio Broadcast Rights. ‘The parties shell have the rights to radio broadcast and telecast each Game s specified in Appendix A Broadcast and ‘Telecast Facilities. See Appendix A. 7. Uncontrollable Forees. It is understood that neither party hereto can foresee exigencies which may arise by reason of unusual circumstances beyond their reasonable control, including acts of God, acts of nature, or acts of any governing regulatory body, including but not limited to the NCAA or any governing athletic conference. Either party may delay or cancel any scheduled Game for reasons due to uncontrollable forces by providing written notice of delay ot cancellation to the other party immediately upon the occurrence of any such uncontrollable event. Inthe event of delay or cancellation due to uncontrollable forces, the parties shall share ‘equally in all reasonable financial costs or obligations arising as a direct result of the uncontrollable event and incurred by either pacty prior tothe time of delay or cancellation, and shall reschedule any delayed Game upon terms consistent with the terms set forth herein. 8 —_Liquidated Damages, The parties acknowledge and understand that each of the parties have foregone other significant opportunities for the scheduling of alternate games and have invested substat financial and other resources in anticipation that each of the Games will be played eccording to the schedule set forth herein. The parties also agree that it would be impracticable or extremely difficult to fix the actual damage to either party resulting from the cancellation of any Game hereunder. In the event either party should eancel or otherwise fri to participate in any scheduled Game, for any reason other than uncontrollable forces as defined in Section 7 hereof, the defaulting party shall pay to the non-defaulting party the sum of One Million Dollars ($1,000,000.00) as liquidated damages for each such canceled Game. Payment of liquidated damages shall be paid no later than ninety (90) days after the scheduled date for each canceled Game. 9, Insurance. Each party shall maintain commereial general liability, automobile liability, property, worker’ s compensation, and athletic participants’ life, health, accident and catastrophic insurance coverage with qualified insurers or through properly funded self insurance programs, in such forms and in such amounts as may be appropriate and reasonably necessary forthe performance of the obligations hereunder. 10. Governing Lav, This Agreement, and any dispute between the parties arising hereunder, shell be interpreted end construed in accordance with the laws ofthe State of Utah, without application of any principles of choice of laws. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their daly authorized representatives effective os of the day and year first written above.(KO University of Utah INTERCOLLEGIATE ATHLETIC EVENTS AGREEMENT University of Utah ‘This Intercollegiate Athletic Events Agreement (“Agreement”) is entered into and effective as of October 26, 2017 by and between the University of Uieh (“Utah”) and Montana State University ("Montana State”) for the purposes of scheduling and participating in athletic events between their respective men! s varsity football teams. NOW. THEREFORE, in consideration of the mutual promises, conditions and undertakings set forth herein, the parties agree as follows: 1. Scheduled Games. In furtherance of the purposes of this Agreement, the parties agree to play a series of athletic events (each of which shall be referred to herein singularly as a “Game” and collectively as the “Games”) between the men’ s varsity football teams representing cach of the respective parties according to the following schedule: Date Time Location (“Home Team") Visiting Team” September 12, 2020 TBA Utah ‘Montana State 2. Financial Arrangements. The Home Team (as defined ebove) shall pay to the Visiting Team (as defined above) the sum of Six Hundred Seventy-Five Thousand Dollars {8675,000.00), Such compensation shall be due and payable within ninety (90) days following each Game, 3, _ Tickets. Visiting Team shall receive up to three hundred (300) complimentary tickets to each Game with the option to purchass up to but-not limited to 2,000. 4, Governing Rules. Each Game shall be governed in all respects, including the appointment of officials and eligibility of players, by the rules and guidelines of the National Collegiate Athletic Association (“NCAA”) and the Pac-12 Conference (“Pac-12"), or by the rules of such other athletic association or conference as the parties may mutually agree, Officials will be assigned by the host institution. 5. Television and Radio Broadcast Rights. The parties shall have the rights to radio broadcast and telecast each Game as specified in Appendix A 6 See Appendix A. 7. Uncontrollable Forces, It is understood that neither party hereto can foresee exigencies which may arise by reason of unusual circumstances beyond their reasonable control, including acts of God, acts of nature, or acts of any governing regulatory body, including but not limited to the NCAA or any governing athletic conference. Either party may delay or cancel any a Athletics Department ea 1625 East South Campus Drive « Salt ake City, Utah 84112 801-581-8171 - utahutes.comscheduled Game for reasons due to uncontrollable forees by providing written notice of delay or cancellation to the other party immediately upon the occurrence of any such uncontrollable event. In the event of delay or cancellation due to uncontrollable forces, the parties shall share equally in all reasonable finencial costs or obligations arising as a direct result of the uncontrollable event and incutred by either party prior to the time of delay or cancellation, and shall seschedule any delayed Game upon terms consistent with the terms set forth herein, 8. _ Liguidated Damages, ‘The parties acknowledge and understand that each of the patties have foregone other significant opportunities for the scheduling of alternate games and have invested substantial financial and other resources in anticipation that each of the Games will be played according to the schedule set forth herein, The parties also agree that it would be impracticable or extremely difficult to fix the actual damage to either party resulting from the cancellation of any Gamne hereunder. Jn the event either party should cancel or otherwise fail to participate in any scheduled Game, for any reason other than uncontrollable forces as defined in Section 7 hereof, the defaulting party shall pay to the non-defaulting party the sum of One Million Dollars ($1,000,000.00) as liquidated damages for each such canceled Game, Payment of liquidated damages shall be paid no later than ninety (90) days after the scheduled date for each canceled Game. Ls Insurance. Each party shall maintain commercial general liability, automobile liability, property, worker’ s compensation, and athletic participants’ life, health, accident and catastrophic insurance coverage with qualified insurers or through properly funded self insurance programs, in such forms and in such amounts es may be appropriate and reesonably necessary for the perfomance of the obligations hereunder. 10. Governing Law, This Agreement, and any dispute between the parties arising ‘hereunder, shall be interpreted and construed in accordance with the laws of the State of Utah, without application of any principles of choice of laws. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by thelr duly authorized representatives effective as of the day and year first written above. UNIVERSITY OF UTAH MONTANA STATE UNIVERSITY By: AG Title: Deputy Athletics Director Date: __/0-26- (4THE UNIVERSITY OF WYOMING DEPARTMENT OF INTERCOLLEGIATE ATHLETICS __ FOOTBALL AGREEME! This Agreement, entered into the 5" Day of April, 2017, by and between the UNIVERSITY OF WYOMING and the UNIVERSITY OF UTAH shail confirm the arrangements made to cause their respective teams to play a game of football in accordance with the terms of this agreement. For purposes of this contract the UNIVERSITY OF WYOMING. shall be considered the HOME TEAM for the game on September 19, 2020 and the VISITING. ‘TEAM for the game on September 6, 2025. The UNIVERSITY OF UTAH shall be considered the HOME TEAM for the game on September 6, 2025 and the VISITING TEAM for the game ‘on September 19, 2020. The game shall be held as set forth below pat LOCATION — turday, September 19,2020 War Memorial Stadium, Laramte, WY iurday, September 6,2025 _Rice-Fecles Stadium, Salt Lake City, UT In consideration of the mutual promises and covenants contained and other good and valuable consideration, the parties, intending to be legally bound agree as follows: 1. Rules for the Contest: ‘The contest shall be governed by the rules of the National Collegiate Athletic Association (NCAA), the Mountain West Conference and the appropriate visiting team conference, the respective institutions, and the guidelines of the American Football Coaches Association (AFCA) as in effect at the time of the contest 2, Eligibility of Team Members: ‘The eligibility of all players to participate in said game shall be determined by the ~rles anid regulations of its own organization, conference, institution and the NCAA as in effect at the time of the contest. 2 oO ials: ‘The officials for each contest shall be assigned as follows: For the game on September 19, 2020, officials will be assigned by the ‘Mountain West Conference (MW). For the game on September 6, 2025, officials will be assigned by the Pac-12 Conference. 4. Financial Considerations: ‘The HOME TEAM shall compensate the VISITING TEAM as set forth below, and no ollie compensation shall be due or payable:& “The HOME TEAM will pay the VISITING TEAM the sum of $250,000 for the scheduled contest on September 19, 2020, b. The HOME TEAM will pay the VISITING TEAM the sum af $250,000 for ‘the scheduled contest on September 6, 2025, © Other: Revenue from radio and television shall be handled as set forth in Subsequent paragraphs and shall be in addition to any compensation payable under this paragraph, Games Expenses: The HOME TEAM shall manage the game and shal be responsible for arranging and conducting the ticket sales, advertising, and other details attendant upon such games and shall pay all expenses except the expenses of the VISITING TEAM, Settlement: Payment due under this Ayreement shall be made no later than February 1 following said contest. Allocation of Tickets: a The HOME TEAM shall establish ticket prices, b. The VISITING TEAM shall be alloted 400 complimentary tickets. © Bands, cheerleaders and mascots for each institution shall be admitted without charge when in uniform and shall not be included in the complimentary ticket allotment. 4. The VISITING TEAM shall be allotied a minimum of 1,600 tickets for sale {a is followers, said tickets to be in number and location as assigned by the HOME TEAM as available. Upon execution of this agreement, the HOME, TEAM will provide a stadium seating chart indicating the location of the VISITING TEAM'S allocation of seats. Any unused tickets (except those \ncluded as complimentary) should be returned by the VISITING TEAM two Weeks prior to the game (o insure their sale. In no case shall more than 100 tickets: be retuned tater thant 24-hours prior to the game and no more than 50 tickets shall be returned later than the day of the game. The VISITING TEAM is responsible for paying the HOME TEAM for unused tickets if the tickets are not retumed by the agreed date, TING TEAM shall be allowed 65 bench credentials at no charge. ‘These shall be in addition to complimentary tickets, and to the ree admission of cheerleaders and mascots, but shall not include athictic director’ /press box and coaches booth credentials. They are for use by all bench personnel with the exception ofteam members in uniform. All VISITING TEAM bench credentials will be restricted to the VISITING TEAM bench area,Credentials/‘Team Parking/ Permits The VISITING TEAM shall be provided all access passes, coaches booth passes, team/coaches video passes, tield pass for the cheerleading coordinator and parking passes for use by the football program and administration, Credential requests shall be subject to mutual a The VISITING TEAM will be provided with three (3) pa used by visiting dignitaries. b, The VISITING TEAM will be provided with one (1) parking permit for team: managers to un-load and load necessary equipment adjacent to team locker room facilities king permits to be 10, Radio Rights: a The HOME TEAM shall retain the revenue from and have full control of all radio rights to broadcast the game and shall have exclusive radio nights. Games requested for distribution by a national radio network/syndicate are subject to approval by the HOME, TEAM/CONFERENCE. b. Notwithstanding the foregoing, the VISITING TEAM shall be allowed ONE free outlet for a live commercial radio broadcast and shall retain the revenue from such broadcast, The HOME TEAM shall provide press box broadcast facilities for the VISITING TEAM and shall not be required to make any alteration to existing facilities. All other broadcast rights and privileyes and receipts there from shall belong exclusively to the HOME TEAM 11, Television and Video: a Television rights will be governed by any existing or future agreements, between the HOME TEAM/CONFERENCE and their television partners b. Ewch party shall have the right to utilize highlights of the game for use in a coach's show subject to television rules of the HOME TEAM/CONFERENCE and theic television entities. Each party may retain all income it may receive from such opportunities 12. Progra The VISITING TEAM shall be fumished with programs, to be delivered to its dressing room at Jeast one hour before game time. 13, Concessions, Parking. and Program Income: The HOME TEAM shall have the exclusive rights to sell programs and run concessions and parking. All income from program sales, concessions and parking shall be the sole property of the HOME TEAM. 14. Day Before the Game Practi [Frequested by the VISITING TEAM, no later than three weeks (21 days) before the date of the game, the HOME TEAM will arrange appropriate on-campus practice space for the VISITING TEAM to hold a one-hour day before game walk-thro16. 17. 18, session. The HOME TEAM administration shall make appropriate arrangements to ‘ensure that this walk-through session is a “closed practice” within reason. Arrival of Teams: The teams shall presen themselves atthe site of the contest in condition to play at least 60 minutes before the time advertised as the starting time of the contest. Hi Halftime will be 20 minutes. ‘The 20-minute clock will start immediately after the hom ending the second period, not after the field is cleared of the teams. Halftime may be extended for special ceremonies only at the discretion of the HOME TEAM. ‘The HOME TEAM will be responsible to notify the VISITING TEAM of the extension prior to their arrival on site. Sponsors: ‘The VISITING TEAM recognizes that the HOME TEAM has exclusive agreements ‘with certain corporate sponsors that may prevent the VISITING TEAM from bringing certain products or items into the HOME. TEAMS football stadium. The VISITING TEAM agrees to consult with the HOME TEAM before the game to ensure that the VISITING TEAM does not bring products or items into the HOME ‘TEAM'S football stadium that violate the HOME TEAM corporate sponsor agreements. Cheerleaders, Mascots/Bands: Band members will be assigned seating prior to said contest b. A total of twelve (12) VISITING TEAM cheerleaders and one (1) mascot will be allowed on the field at all times. Cheerleaders will remain in front of the VISITING FAN seating section. VISITING TEAM cheerleaders are not allowed to run end zones. © Mascots are required to stay on the VISITING TEAM sideline and shall not interact with the HOME TEAM mascot. fan unforeseen catastrophe or disaster makes impossible the playing of any contest by either party, that contest shall be canceled, and neither party shall be responsible to the other for any loss or damage. Notwithstanding the preceding sentence, any financial obligations incurred by either party for promotion of the contest shall be shared equally. Cancellation of a contest under this paragraph shall not be deemed a breach of the contract. Notice of such a catastrophe or disaster shall be given as soon a5 possible. No such cancellation shall affect the parties" obligations as to subsequent contests covered by this agreement. The punishment or sanctioning of either party by the NCAA or its member conference shall not be considered “beyond the control of cither party” and shall not relieve the sanetioned party of its obligations hereunder, including all financial obligations.23. Conference Commitment In the event any ame to be played hereunder is canceled and cannot be rescheduled as a result of a change in the scheduling requirements of either pariy"s member conference, neither party shall be responsible to the other for any losss or damage resulting fram such change, For purposes of this paragraph, a change in scheduling, requirements shall include, without limitation, changes in the number of conferenc games to be played. changes resulting from the addition or subtraction of conference members. or any other changes in conference schedules, NCAA Division Membership: In the event that either party's NCAA division membership classification changes prior to the game’s being played this contract shall be immediately rendered null and void. Furthermore, neither party shall be responsible to the other for any | damage resulting from such change. For purposes of this paragraph, a change in NCAA division membership shall inelude, without limitation, the reclassification of a party’s football program (e.g..a Division I-FBS institution reclassifies to Division I- FCS, Division I. ete.) To the extent allowed by law. each party agrees to indemnify, defend and hold harmless the other, from and against any and all elaims, demands, costs (including jomey fees), actions or damages brought by third parties, arising out of the gligent acts or omissions of that party, or its employees, agents and assigns, Damages: a Ifthis Agreement is breached by the VISITING TEAM und no contest occurs between the HOME TEAM and VISITING TEAM. then the VISITING TEAM shall pay to the HOME TEAM liquidated damages of $1,000,000 (due and payable 30 days from agreement to terminate contest) b, If this Agreement is breached by the HOME TEAM and no contest occurs between the HOME TEAM and VISITING TEAM, then the HOME 24. TEAM shall pay fo the VISITING TEAM liquidated damages of $1,000,000. (due and payable 30 days from agreement to terminate contest) This Agreement may be terminated by either party in writing upon the occurrence of any of the following events a Pailure of a party to perform any of its obligations under this contract and the continuance of such failure for a period of 30 days after written notice of such failure: or b. The failure ofa party, including its administrators, coaches or participants, to comply with the rules and regulations of the NCAA.25. General Provisions 9. Amendments. Either party may request changes in this Agreement, Any changes, modifications, revisions or amendments to this Agreement which are ‘mutually agreed upon shall be incorporated by written instrument, executed and signed by all parties to this Agreement b. Applicable Laws. Both parties shall fully adhere to all applicable local, state and federal law, including equal employment opportunity and including but ‘ot limited to compliance with Title VI of the Civil Rights Act of 1964, Title 1X of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the Americans with Disabilities Act of 1990, The University of Wyoming's policy has been, and will continue fo be, one of nondiscrimination, offering equal opportunity to all employees and applicants for employment on the basis of their demonstrated ability and competence without regard to such matters as race, gender, color, religion, national origin, disability, age, veteran status, sexual orientation, genetic information, political belief, or other status protected by state and federal statutes or University Regulations. © Assignment, Without prior written consent of the other party, neither party ‘may assign this Agreement, This Agreement shall inure to the benefit of. and be binding upon, permitted successors and assigns of the parties 4. Entirety of Agreement. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral. © Governmental Claims. Any actions or claims against the University of Wyoming under this Agreement must be in accordance with and are controlled by the Wyoming Governmental Claims Act, W.S. 1-39-101 et seq. (1977) a5 amended. f Ansurance. Exch party will carry insurance or self-insurance in amounts determined by that party to be adequate to cover risks to its employees, students and property involved in the event as well as that party's legal obligations including the indemnity provisions contained in this Agreement. Severability. Should any portion of this Agreement be judicially determined ~ to be iltcgat or unenforceable, the remainder of the Agreement shall continue in full force and effect. h, Sovereign Immunity. Neither party waives its sovereign or governmental immunity by entering into this Agreement, and fully retains all immunities and defenses provided by law with respect to any action based on or occurring as a result of this Agreement. i, Legal Authority. Each party to this Agreement warrants that it possesses the {egal authority to enter into this Agreement and that it has taken all actions required by its regulations, procedures, bylaws, and/or applicable law to ‘exercise that authority, and to lawfully authorize its undersigned signatory to execute this Agreement and to bind ito its terms. ‘The person(s) executing this Agreement on behalf of a party warrant(s) that such person(s) have full authorization to execute this Agreement.