Atlantic Coast Conference FOOTBATL COMPETITION AGREEM€IIT This Agreement is entered into thir 16th day of luly, 2014, by and between NoRTH cARoLtNA srATE UNIVERSITY (hereinafter NCSU) and BALL STATE UNIVERStTy (hereinafter BSU). PtlRPosE/coMMITTED GAMES: The purpose of this Agreement is to conlirm the arrangemen6 and condrnons under which NCSU and BSU will compete in a game of intercolleSiate football ("came"J to bJptayed on the ioitwing date(s) and at the following location(s): GAME 7 # HOSTINSTITUTION LOCATIONtcitvl DATE SEYI 2'.,20t9 NCSU RALEIGH CAME TIME T8D Both schools ackoowledge that the date(sl and game time(s) listed above are rentative and subiect to change pcndiog t} e mutual writtet agreement of the participating institutions. lf a game dme is not specified, the game time will be dccided by the Host Institution, but shall be oo earlier than l2:00 p.m. ana no tater than g:ri f.rn. tocal time unless mutually agreed. / STUDENT-ATHLETE ELIGIBILITY: The cames shall be governed by the rules and regulations of the National Collegiate Athletic Association ("NCM"J, and the rules of the applicable hosr conference (ifinyl in effect on the date of the Game. Th€ etiSibility of student-athletes and coaches to participate in ttre'cameisl stral Ue determioed by the rules ofthe NCAA, applicabie conference(s) (ifany) and the respective institutions in efiect on the date ofeach Gamc. OAME RULES 0AME.Q-FFlClAl.s: A clew ofqualified on-field officials shall b€ selected and compensated by rhe assigning agenry of the HOST Institution for the Game. The replay officiating crew, operaring in accordance wirh uCi.l Football 0fficiating (CFO) stanr.lards, shall be selected and compensated by the assiSning agency of"Inatofiegu ttre-iOSf Institution for thc Game. GUAMNTEE PAYMENT: ln consideration for its participation in the above described football came(s), the Host Institut,on shall pay the Visiting lnstitution as tollowsi CAME# 1 DATE HOST INSTITUTION CUARANTEE AMOUNT SEFI 21,2019 NCSU s950,000 The Host Instilution shall pay to the Visiting lnstit!tion the full amount of the guarantee which is due no later than February 15 ofthe year following tht_Game.for which the guarantee was provided. Except for this fee, tt e virlting Institution shall be endtled to no othcr additional payments ftorn the llost lnstitution in conneciion wlth the carne(s) played. Any amount not paid by the due darc shalt immediately bear interest at the rrr"*iru., permitted by state Iaw ofthe gcrverning jurisdiction. ".oun, 5 LloulDATED DAMACES: Th€ failure of a party to participate in thc Game will constitute a material b.eacb of tie ASreement that will cause the other party signiticant disruptjon and damages. The panies,aaoenir"inrt tn" damages incurred as a result of.the breach increase significantly as rhc date of the cime approalhei. ano grey further recognize and agree that thcse damages cannor be fully mitigated. Therefore, tfre breacrrini paray ,'t .lr pry ,u the non"breaching party as iiquidated damages: A The sum of $1,000,000 if n-otice of cancellation is received by the non-breachrng party 36 morths o. more before th€ scheduled date ofthe camej B The sum of$2,000,000 if n-otice.of caocellation is recetved by the non-breaching parry more tha,1 l2 months but less than 36 months before the scheduled date ofthe Game: or C The sum of $3,000,000 if notice_of caocellation is received by the non-breachin g pa.1y lz months or ress before the scheduled date oF the Game. Payment of iiquidat€d damages as set forti above will be the sole remedy for damages incurred because of cancellation of the Game due to breach. No liquidated damages shall b€ pald if it becomes impossible to play the game by reason offorce majeure (see provision 13). The sum shall be payable on or before February 15 ofthe year following the Garne fot which the breach occurred. The parties acknowledge that the breacb or caniellation ofone game in a series shall not be considered a breach or cancellation ofall games. Notwithstandjng any other provisiorts of this Agreement, if either party is prohibited from appearing on t€levisiofl by the NCAA or the governing conference of either team [if applicable), and such prohibition applls ro a came, then the liqlidated damages provision of this paragraph shall not apply, and either party shall have the right ro cancel thal affected Came and the non-sanctioned party shall have the right to file a ciaim, if necessary, to recover its actual (but not consequential) damages arisioF out of the failure or inabiliry of tIe sanctioned parry to fulfill its contractual obligations hereunder, 6. TICKETING: A. B" C. D 7, The Visiting Institution shall be allocated up to 1,000 tickets for sale !o its fans- Unsold tjcke$ may oe returned to the Host lnstitution up to 30 days prior to tbe Game date. The Visiting lnstitution is responsible for paying the printed face value to the Host lnstitution for any ticketl not returned to Host Institution by the agreed upon date as set forth above, Locarion of said tickets shall be determined in th€ sole discretion ofthe Host lnstitubon. The Visjting Institution's Band,.Cheerleaders and Ma:cot(sl shatl be admitted to the 6ame wirhout charge when in uniform. Seating for the Visiting lnstitution's Band shall be in a contiguous blocked location as determined by the Host Instltutiorl. The Vislting lnstitution shall inform the Host Institution of the approximate number ofband members, not to exceed 300, that it intends to bring ro the Game at least 90 days in adr.aoce. GAME MANAGEMFNT: A. B. C. 8. The Host Institution will establish all ticket prices. The Visiung lnstitution shall be allotted 500 complimenrary tickers. The Host lnstitution shall be respo.lsible for managing the Game at its own cost. This shall include bot not be limited to the procurement of the hciliry, ararging for and conducting ticket sal€s, advertisrng, sec1lrity, and all of the other details customarily associated with hosting an intercollegiate football gami, along with paing all expenses .associated ther€with, excepr for the €xpenses of the visiting Institution. The Host lrutitution ag.ees to have a medical doctor and ambulance with emergency persionnel at the game site throughout the duration of the football same. The Host Institution shall retain all revenue assoiiated wirh each Game unless otherwise set forth in tiis Agr€ement. The Visiting {nstitution shall be furnished 50 free game programs, to be deliv€red to its dressing room at least one (1) hour before game tim€. wALK'THRotlGI{: If requested by the Visiting lnstitution, not later than S days prior to ahe game, the Home Institutjon will make its best efforLs to accommodate the visitjng lnstitutiont requesi to conduct iwalk-through at the game facility on the day prior to $e 8ame. lt is understood that such an opporhrnity is contingent upon wearner and field conditions. Non-cleated shoes shall be worn. 9. SIDELINE LIMiTATIONST The visiting lnstitution may use any and all product and equipment on the sidelines of the football field that are normally used on their home freld sidelines, andin conjunction with such us",r"jairp,"y ,n" product or equipment name, logo, image, slogaD or identifyirg .nark in a safe and responsible manneri ln Game personnel (coaches, players, trainers, equipment managers, etc.) who must be o; the field "aaition, or sidelines will be permitted to wea. any brand ,.'ame clothing or equipment to dispray aay product or equipment name, iolo, ,r"g", slogao or identi&ing marks as are customary on tbeir home {ield iidilines_ I0 cREnENTIALS: The visiting lnstitution shall be provided a minimum of 60 ream bench area passes and z2 all-access passes {11 for team, 8 for administration, 3 for media relations). Bench passes must be worn at uy tnor. holding such passes and shall be restricted to tie alliir"" team bench area'(beveen the 25-yal il"""i. ejortio""r cred€ntial reques3 shall be subject to mutual agreement, availability and facitity constraints.il]" viriiirig inltitrtion shalL use its best eflorts to provide a list ofall credentialed workers and personnel to the Home lnstitution at least s days prior to the Game, 11. PARKIN6: The Visiting Team shall be allowed parking passes for 1 equipment truck(s), 3 team buses, 3 band/cheer buses {ifapplicable), and 6 automobiles for use by the footballprogram and ad.liristr;!ion. 12. MEDIA RIGHTS. TELECAST. RADIO, INTNRNET: A, Telecasr Each ofthe !:ndersigned parties understand and hereby acknowledges that the Hosr Instituhon bas entered into, ol rnay enter into, contmciual arrangements wtth a broadcast pirtrrer(s) for the sale of telecast nghls or for a syrdicated series of game5 for national or .egiooal teiecast The Host institution shall have the €xclusive ri8ht to contract for the live broadcast of the Game played pursuant to tbjs Agreemenl "Telecast,, is defined as any distribution, transmission, displan exhibition, pror€ction, dupl;caiion, performing of licensing of audiovisual works by which audio and visual material are combined in iny media or technoiogf now known or hereafter creaced (whether analog, digitel or other means) capable oi simultaneous receipt by consumers, including, without limltation, over-the.air terrestrial broadcast, cable, MMDS, satellire, trigir_ definitjon, subscription broadcast {STU, pay-per-view, video-oll-d€mand, enhaoced or interactive television, whether oa a ftee subscription or pay basis, including the re-transmission of any such works, "Telecast Rights" are defined as alt rights to distribute, transmit, display, profec! duplicate, perfor6, creale derivative works of, or license visual or audiovisual material in any and ali media and meani of djstnbution whatsoever. whether now existing or developed in tle future. including all Telecast media whatsoever (including, for the sake of clarity and not limitation, terestrial broadca5t, cable, satell:te, high-dennitjor, pay-P€r-view and video-on'dernand), the internet and aoy other form of computer distribution; all forms of enhanc€d television or interactive media, home video, DCD, distribution to mobile platforms (including r4itiout limitation, PDAS and mobile telephon€s) and all other forms ofnew media. the Visiung lnsutudon is responsible for ensuring that their affiliated conference and/or network partner (or oth--er applicable goveroing entity) !nderstands and agrees to the media terms and conditions ser fonh in this Agreemenr The Host lnstitution shall retaln all telecast rights fees for $e game. B. video: Each party shall have the rigit to produce films and/or video of the came played pursuant to this Agreement for coaching purposes and for use in a weekly coaches, show only and. foinoother puroose. Such films and/or video may not be replayed, used or otheiwire distribured by the Visiting tn"tituiion .o person other thah the incorporation of up to eight ",ry {8) minutes of higbtights ofthe game-as pan oia weerty coaches'showand to its coaches and players. C. Radior The Host lnstitution shall retain full control ofradio rights, except that rhe yisiting Institution shall be permitted to provide or sell a radio broadcast or broadcast rights of the Game to its Jwn flagship slanon and/or normal recurring .adio networlc There shall be no sharing of radio revenue b"t"u.rn ,at"ooi.l Internet: The Host Institutjon has t}e exclusive .ight to distribute an audio and,/or video in:emet ;roaocasr of the Game. Accordingly, the visiting Instituri;n may not djstribute ,n "uaio "J/*-nid-"o''rn,..", broadcast of the Gam€ without the express written permission of the Host lnstitution, D. E Facility Accessi The Host Institution agrees to provide reasonable facilities for the originatior of any of the prog.ams described herein. F Additional use: A-ny other usage by the visiting tnstitution of footage of games played pursuant to thls Agreement shall be govern€d by a separate agr€ement between the Visitin! lnstitution ,na o" ,ppr".m" affiliated conference (or governing €ntity) and/or broadcast partners. 13' FORCE MAIEIIRF: Th,s contract shatl be void with respect !o any of the games io the event that it b€comes impossible to play such game{sJ by reason ofan unforeseen catasuophe or disaster such ,, nr",'if*a, ar.if,qu"t", war, confiscatio& by order of gov-ernment,nilibrylr public authority or prohibitory or in;unctirre ird".s of comp€tent iud;cial or other government authority. Notice of such catastrophe "ny or disaster shall u" giu.nl possible No such cancellation shail affect the parlies' obligations as to subsequenr g".", Any games nol played as scheduled shall be rescheduled as-such exigencies "ou.r"d may dictate or DermiL 'bt ,oon ", ii;il-"onm.r l4 lfany portion of this Ag.eemeot is declared null, void, invalid, or un€nforceable, such provisions shall be suicken f.om &e Agreement. All of the provisions of this Agreement not stricken shall remain in full force and eff€ct and shall be binding upon the parties. SEVFRANCE: I5 INTEGMTIoN: This contmct coostitutes the entire agreement between Lhe parties, There are no understandings, agreements, or representations, oral or written, not specified herein regarding this aontract. No amendment, consent, or waiver of terms of tbis contract shall bind either party un:ess in writing and signed by both parties, 16 ASSIGNMENTT This Agreement may not be assigned by either pa.ty party. IT without rhe written consent of the non-assrgnrng TpRMINATION: This contract may be terminated without p€nalty by mutual written consent ofboth parcies. 18. AUTHORITY TO SiGNr By executing this Agreement, the undersigned parties represeot and warrant that they are each authorized m act on behalfof the educational institution thet represent and the terms of this Agrcement shall bind each insutution artd their respective omcers. trustees, employees, agents, seryanLs, aanliates add ;uccessorc. lN WITNESS WHEREOF, rhe undersigned parties bave exeoted this Agreement on the respe I NSI ITUTTOTI e dates set fonh. RSITY Name: Tirle: 0",", \Qb'.rvs B[rl*t