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UNIVERSITY OF SOUTH ALABAMA

ATHLETIC EMPLOYMENT CONTRACT


TIEAD COACH

This Employment Contract is made this the lst day of April, 2011, between the

UNIVERSITY OF SOUTH ALABAMA (the "University") and Joey Jones ("Coach") in the
role as Football Head Coach.

ARTICLE I
PURPOSE
The University and Coach have entered into this Employment Contract because the

UNMRSITY

desires to hire Coach for a designated period ending the 25th day of February,

2016, with the Coach's assurance to serve the entire term of this Employment Contract, a long-

term commitment by Coach being critical to the University's desire to run a stable sports
program (hereinafter referred to as "Program").
The University and Coach agree that head coaches of intercollegiate athletic teams at the

Universify conduct their professional activities under circumstances unique in the family of
University employees, including evaluation and scrutiny of team performances by the public and
the media and control by extemal rules and regulations. The University has agreed to employ,
and Coach has promised to be employed by the University upon the following terms and

conditions.

Coach shall be an employee of the University with the terms and conditions of this
employment restricted solely to this Employment Contract. Furthermore, Coach understands
and acknowledges that this employment with the University is not a tenure-track position and

will not

lead to tenure. At the conclusion of the season, the performance of the team

will

evaluated and the contract reviewed. The evaluation will be determined by the Director

be

of

Athletics.

ARTICLE II
POSITION
2.OI

DESCRIPTION OF DUTIES AND RESPONSIBILITIES

A. RECOGNITION

OF DUTIES

Coach agrees to be a loyal coach of the Universify. Coach agrees to devote their best
efforts full time to the performance of duties for the University, to give proper time and attention
to firrthering their responsibilities to the University and to comply with all rules, regulations,
policies, and decisions established or issued by the University. Coach also agrees that,
notwithstanding any other provisions of this agreement, during the term of this Employment
Contract, they will not engage, directly or indirectly, in any business which would detract from

their ability to apply their best efforts to the performance of duties hereunder.
B. GENERAL DUTIES AND RESPONSIBILITIES
During the period in which the Universify employs Coach in this position Coach agrees
to undertake and perform all duties and responsibilities attendant to the position as set forth
herein.

C. SPECIFIC DUTIES AND RESPONSIBILITIES

WHILE EMPLOYED AS COACH


As of the beginning of this Emplolirnent Contract, the duties and responsibilities assigned
to the Coach are as set forth below. This list of specific duties and responsibilities supplement,
and is not exclusive of, the other general duties and responsibilities provided for elsewhere in this

Employment Contract.

1.

Provide the University with his dedicated and conscientious service in

carrying out the duties and responsibilities as set forth herein or as may be
assigned by the Director of Athletics and perform the duties and

responsibilities in a manner consistent with State and University rules,


regulations and policies.

2.

Be primarily responsible for all aspects of the Program including budget,


scheduling and recruiting, training, supervision, evaluation and performance

of student-athletes and coaching staff, subject to the approval of the Director


of Athletics.

3.

Abide by and comply with the constitution, bylaws, and interpretations of


the National Collegiate Athletic Association (NCAA) and the Sun Belt

Conference, or any other conference the University may choose to enter, as

well as all University rules and regulations relating to the conduct and
administration of the Program. In the event that Coach becomes aware, or
has a reasonable cause to believe, that violations of such constitution,

bylaws, interpretations, rules or regulations may have taken place, Coach


shall report the same promptly to the Director of Athletics of the University.
4.

Use best efforts to ensure that all academic standards, requirements and

policies of the University, the NCAA and the Sun Belt Conference are
observed by themselves and by members of the coaching staff at all times,

including those in connection with the recruiting and eligibility

of

prospective and current student athletes for the Program, and ensure that
said standards, requirements and policies are not compromised or violated at
any

time. Further, Coach will maintain the leadership role in the effective

management of the Academic Progress Rate

(APR). The expectation will be

that the football program will obtain single and multi year APR scores

of

925 or better.
5.

Use best efforts, in conjunction with the University, to ensure that all
student athletes recruited for the program are provided proper academic

counseling and are encouraged to and given every opportunity to meet the
degree requirements necessary to graduate from the University.
6.

Recruit, coach, and train the student athletes to compete successfully against
major college competition in a quality program.

7.

Use best efforts to ensure that the program's student athletes conduct

themselves in a manner that will reflect a positive image for the University.
8.

Use best efforts to keep public statements complimentary of the athletics


program and of the University.

9.

Use best efforts to establish and maintain a frequent and systematic program

of personal communication with the University's student body, faculty, and


staff.

10.

Represent the

University from time to time in public relations duties as

assigned by the members of Athletic Administration, which relate to various

University programs including appearances before civic and student groups.

11.

Represent the University with the highest degree of professionalism and

decorum both in and out of competition.

D.

In the event the University determines that Coach has violated any duty or
responsibility required under Section 2.01C., above, Universify shall provide
Coach with wriuen notice of any such purported violation within thirty (30) days

of leaming of said violation, stating with specificity the nature of the purported

violation. Coach shall have

a reasonable

time (not to exceed twenty [20] days) to

respond to the University regarding any such purported violation.

2.02 DISCPLINARY ACTIONS FOR VIOLATIONS

OF NCAA OR

CONFERENCE RULES AND REGULATIONS

If Coach is found to be in violation of University, NCAA or Conference Constitution,


bylaws, rules and regulations, Coach shall be subject to disciplinary andlor corrective actions by
the University, up to and including termination of this contract, as provided in Section 5.01.

2.03

REPORTINGRELATIONSHIPS
The parties (without delineating the particular terms and conditions) acknowledge that

eachparty will use its best efforts and will cooperate with the other to provide the following
support for the Program.

A.

Coach's immediate supervisor for purposes of implementing the contract shall be


the Director of Athletics of the Universify; all matters pertaining to the operation

of the Program shall be subject to the direction and control of the Director

of

Athletics.
B.

The overall policy of the entire athletics program shall remain the exclusive
prerogative of the University. The Coach shall administer the daily routine and
organization ofthe Program as they deem necessary to effectuate its success,

provided such administration shall be in accordance with the policies established


by the Director of Athletics.
C.

Coach shall have primary responsibility for decisions relating to choice and
scheduling of opponents, means of travel to be employed, hotel, food
accommodations, size and content of the travel squad andpafi, and all other
matters pertaining to the operation of similar phases of the Program, but final

decisions in such matters shall be with the Director of Athletics. It is specifically


agreed and understood that travel arrangements shall be made in conformance

with any contractual agreements between the University and the travel agency
contracted by the University.

D.

Coach shall have the right to release, hire, and retain assistant coaches subject to
the approval of the Director of Athletics.

E.

Coach shall have primary responsibility for developing the budget annually for
the Program subject to the approval of the Director of Athletics. Further, if the

University atany time decides to change its competitive status under the NCAA
rules, regulations and/or constitution regarding competition, (e.g. Program
becomes Division II) to any status lower than Division

IA, or if the entire Athletic

Program of the University is placed on probation by the NCAA due wholly to


reasons unrelated to the Program, Coach shall have the right to terminate this
agreement immediately and all payment provisions or obligations of either party

herein shall be null and void.

ARTICLE III
TERM OF EMPLOYMENT
The initial term of this Employment Contract shall be for a period beginning on the

day of Apr il,

20ll , and expiring

l't

on the 25th day of February , 2016.

ARTICLE IV
COMPENSATION / BENEFITS
In consideration for the promises Coach has made in entering into this Employment
Contract, Coach shall be entitled to the following forms of compensation: guaranteed base salary

payment; the possibility of merit increases in base salary; fringe benefits; and opportunities to
earn outside income, including summer culmps. Each of these forms of compensation is

described below. All payments from the Universify are subject to normal deductions and

withholding for State, Local and Federal taxes and for any retirement or other benefits to which
the Coach is entitled or in which he participates. These payments are also subject to the terms
and conditions of this entire Employment Contract including those relating to termination. Any
across the board salary reduction for University employees

4.OI

will apply to this contract.

SALARY AND BENEFITS

A.

In consideration of the services performed by the Coach, the University of South


Alabama agrees to pay to the Coach in the role of Head Coach an annual salary

of

S301,200 payable in equal monthly installments during the term of this contract.

The annual salary includes a $25,000 payment to Coach in return for agreed upon
appearances and conditions with IMG Communications conceming media rights
as identified in an Amendment to Employment Contract entered into on January

27,2009. In addition Coach will receive a $12,000 expense allowance payable in


equal monthly installments during the term of the contract.

A.(2)

Coach's annual salary will be $325,000 on September 1, 2011. The annual salary
contains a base salary of $300,000 and a payment of $25,000 in return for agreed
upon appearances and conditions with IMG Communications conceming media

rights as identihed in an Amendment to Employment Contract entered into on

January

27,2009. In addition Coach will receive

a $12,000 expense allowance

payable in equal monthly installments during the term of the contract.


B.

During the term of this Employrnent Contract, the Coach shall be eligible for
usual, normal University salary increases or equivalent given to Administrative
employees for a particular fiscal year in the event that such increases are given and
as long as the football program's single and

multi year Academic Progress Rate

(APR) is925 or higher.


C.

Coach shall be entitled to the standard University fringe benefits appropriate to


Coachos classification including group
standard benefits.

If

life insurance, medical coverage and other

any benefit is based in whole or in part upon salary paid to

Coach, such benefit shall be calculated without including any outside income paid
in accordance with the provisions of this Employment Contract.
D.

Coach shall be eligible for 12 days sick leave per year which will accrue at arate

of 1 day per month.


E.

The University will reimburse the Coach for all travel and out-of-pocket
expenses reasonably incurred for the purpose of and in connection with the

performance of duties under this Employment Contract; however, such


reimbursement must be in accordance with University regulations and State Law.
Such reimbursement

will fuither

be made in accordance with the standard

procedures of the University upon presentation to the

University of appropriate

statements itemizing such expenses and appropriate documentation.

F.

the Sun
In the event the University becomes a member of a conference other than
better
Belt Conference, the salary of the Coach will be reviewed and adjusted to

reflect the salaries ofthe head coaches ofthe conference'

4.02

COACH'S BONUS

A.

PERFORMANCE BONUS. Coach is eligible to receive the following bonuses:


In the 2011 season (to be paid February 1,2012):

If the team wins eight of ten games 50Yo of a month's salary, less
payroll deductions:

o If the team wins nine of ten games a month's salary, less pa1'roll
deductions:

If the team wins all games a month

and a

half s salary, less payroll

deductions.

In the 2012 season:

If the team wins eight

games 40Yo of a month's salary, less payroll

deductions:

If the team wins nine

games 600/o

of a month's salary, less payroll

deductions:

o If the team wins ten games 80% of a month's salary' less payroll
deductions:

o If

the team wins eleven games a month's salary, less payroll

deductions.

If the team wins twelve or thirteen games

month and

half s salary,
10

less payroll deductions.

ln the 2013 season and beyond:

If the team wins the Sun Belt Championship

month's salary, less

payroll deductions.

Sixty percent(60%) of one month's salary, less payroll deductions,

if

the team participates in a Bowl game but does not win the Sun Belt
Championship.

Forty percent (40%) of one month's salary, less payroll


deductions, if the team wins a Bowl game but does not win a
Sun Belt Championship.

$5,000, less payroll deductions,

if

selected as Coach of the Year in the Sun

Belt Conference.
B.

ACADEMIC PERFORMANCE BONUS

$5,000, less paynoll deductions,

if the single year APR exceeds 925 or the

conference single year average whichever is greater. This bonus

will

subsequent to official single year APR scores being released from the

(the spring following the academic year in question).

be

paid

NCAA

If COACH is not

employed at the University at the time of the release of the scores the bonus
shall not be paid.

4.03

OPPORTUNITIES TO EARN OUTSIDE INCOME

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have the opportunity


While Coach is representing the University in this position, he shall
and similar activities, but only
to earn outside income as a result thereof through summer camps

upon the following terms and conditions:

A.

PROVISIONS
in which
The following general terms and conditions shall apply to each case

of
Coach seeks to or makes arrangements to earn outside income as a result
holding this position:

Y. Such outside activities


of their
shall not interfere with the ful1 and complete performance by Coach
Coach's
duties and obligations as a University coach, recognizing always that
primary obligations lie with University and its students;

2. NCAA RULES CONTROL.

In no event shall Coach accept or receive

directly or indirectly any monies' benefit or any other gratuity whatsoever


from any person, group, corporation, Jaguar Athletic Fund, or Alumni
Association if such action would violate Sun Belt Conference or NCAA

legislation. The constitution, bylaws, rules, and regulations or interpretations


thereof shall automatically apply to this Contract;

3. UNIVERSITY

APPROVAL IS REQUIRED.

COACh ShAII ObtAiN thE

of the
advance written approval from the President and Director of Athletics

University before entering into such agreements. Approval shall not be


unreasonably withheld

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4.

UNIVERSITY IS NOT LIABLE. Such activities are independent of


Coach's employment at the University and the University shall have no
responsibility nor bear any liability for any claims arising therefrom;

5. REVENUES.

Except for the limitations on such outside compensation as

established by or set forth in this agreement and in the constitution, bylaws,

rules and regulations and interpretations thereof of University; the Sun Belt
Conference, or any other conference Universify may choose to enter; and the

NCAA, the Coach shall be entitled to retain all revenues generated by such
outside activities. Notwithstanding the above and foregoing, all activities in

which Coach may be engaged and for which income compensation is received
must be in accordance with the State Ethics Law.
B.

SUMMER CAMPS
Coach shall have the opporfunity to use Universify facilities, when available and
pre-approved by the athletic director, in connection with camps run by Coach and
using their name, provided that the University is reimbursed by Coach for
excessive wear and tear use of the facilities. Coach

will

be responsible for

procuring at the Coach's own expense the insurance for camps that is required by
the University. Coach may not use the name of the University in the name

of

the camp. Any profits made by Coach from this enterprise shall be retained by
them solely.
C.

OUTSIDE INCOME EXCLUSIONS/REPORTING

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1. COMMERCIAL ENDORSEMENTS/PROMOTIONAL ACTIVITIES'


No promotional activities, including commercial endorsements, television and
radio programs, may be made without prior written approval of University and
its marketing representatives, IMG Communications, Inc. (IMG). Coach
agrees to engage in all promotional activities reasonably requested by

University and IMG associated with productions andlor related marketing


activities relative to Coach's respective sport'

2.

REPORTING OTHER INCOME. Coach shall report annually in writing to


the president of the University through the Director of Athletics on or before

the first day of each calendar year, all athletically related income from sources
outside the Universify, including summer camps or consultation contracts

with entities, and the Universify shall have reasonable access to all records of
Coach necessary to veriff such reports.

ARTICLE V
TERMINATION
Coach recognizes that his/her promise to remain the University's coach through the
that
entire term of this Employrnent Contract is of the essence. It is also recognized, however,

this
certain limited circumstances may make it appropriate for the University to terminate
Contract prior to the completion of its entire term'

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5.01

TERMINATION BY UNIVERSITY FOR CAUSE


The University shall have the right to terminate this Employment Contract for cause prior

to its normal expiration date. Notwithstanding an1'thing herein to the contrary, in the event that
the Universify terminates the Contract on the basis of any one of the following A through E, the

University will not be under any obligation to pay

any sum which would otherwise be

due. The

subject reasons would be the following:

A.

That Coach pleads or is found guilty of any criminal violation (excluding minor

traffic offenses). Upon being charged with such a crime, the University may
suspend Coach without pay, pending outcome of the charge. Payment

reinstated and back pay given


B.

will

be

if Coach is found not guilty of the charges.

Actively engaging in any conduct or committing any act that brings Coach and/or
the University into public disregard, contempt, embarrassment, scandal or

ridicule and that negatively impacts the reputation or high moral or ethical
standards of the University of South Alabama.
C.

That, after written notice of non-compliance and Coach's timely response (not to
exceed ten

[0]

days), University determines that Coach fails to comply with the

policies, rules, and regulations of and governing the University of South Alabama
and its employees, the rules of the Sun Belt Conference or any other conference

with which the University may be affiliated and the National Collegiate Athletic
Association, as now constituted or as any of the same may be amended during the
term hereof. Such compliance will relate to material policies of the subject

institution and associations.


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D.

Neglect or inattention by Coach of the standards, duties, and responsibilities


required of Coach by Section 2.01 of this Contract, after wriffen notice thereof has
been given to Coach pursuant to Section 2.01(D) and Coach has continued such

neglect or inattention during a subsequent period of not less than twenty (20) days.
E.

That, after written notice of non-perforrnance and Coach's timely response (not to
exceed twenty [20] days), University determines that Coach has failed to
adequately perform duties as assigned per this contract andlor by the Director

of

Athletics which may include in addition to usual and customary coaching


activities, maintaining accurate documentation of cash disbursements and other
expenses associated with athletic department travel, recruiting, assisting duly

authorized alumni booster club activities, cooperating with news media, positively
representing the University and the University's athletic programs in private and

public forums and the specific duties assigned by the Director of Athletics. The
success of the program as determined by won/loss record

will

be deemed a reason

for such termination. In such event, however, the University will have an
obligation to pay the base salary for the remainder of the Contract term.

5.02

TERMINATION BY UNIVERSITY WITHOUT CAUSE


The University shall have the right to terminate this Employment Contract prior to its

normal expiration date without cause. Termination "without cause" shall mean termination

of

this Contract on any basis other than those set forth in Section 5.01. Termination by the

University without cause shall be effectuated by delivering to Coach written notice of the

I6

termination of this Contract without cause. Such notice will effect immediate termination of this
Employment Contract.

5.03 LIOUIDATED

DAMAGES UPON TERMINATION BY UNIVERSITY WITHOUT

CAUSE

A.

If the University terminates this Contract without

cause prior to its expiration date

in accordance with the provisions of Section 5.02 hereof, the Universify shall pay to Coach,

as

liquidated damages, the sum of the base salary equal to the remainder of this contract, as
provided under Section 4.01.
In no case shall the University be liable for the loss of any collateral business
opportunities or any other benefits, perquisites or income resulting from activities such as, but
not limited to, camps, clinics, consulting relationships or from any other sources thatmay ensue
as a result of the

University's termination of this Contract without cause. Upon termination all

rights and obligations due from each party to the other under the provisions of this Contract shall
cease.

The liquidated damages amount shall be paid in monthly installments commencing after
the month in which the termination date occurs and continuing each succeeding month until the
date the Contract term would have ended but for the early termination. To the extent required by

law, the liquidated damages amount shall be subject to deductions for state and federal taxes.
The monthly liquidated damages payrnents by the University shall be offset, reduced or cease as
specified in Section 5.03 B.

B.

Mitigation of Liquidated Damages. While the University's obligation to pay


liquidated damages remains in effect, the Coach agrees to mitigate the
L1

Universityos obligation to pay liquidated damages as soon as possible after


termination of the Contract by promptly commencing to make reasonable,
continued, and ditigent efforts to obtain employment in the field of amateur,
collegiate or professional sports including coaching, administration, management
or broadcasting (hereinafter referred to as a'New Position"). The liquidated
damages paid by the

University shall be offset or reduced on a monthly basis by

the compensation paid to or controlled by Coach as a result of Coachos


employment in each New Position held by Coach while the University's

obligation to pay liquidated damages remains in effect. For purposes of the


preceding sentence, compensation shall mean, without limitation, from Coach's

New Position employer, or a related or affrliated corporation, company or other


entity that supports the New Position employer, (i) base salary, wages' incentive
payments, bonuses, supplementalpay, or other compensation of any kind

whatsoever; (ii)honoraria; (iii) all income and fees received by Coach as an


independent contractor, consultant or self-employed person; (iv) all income and
fees received by Coach from Coach's participation

in or performance of activities

similar to the Commercial Activities specified hereunder; (v) other income


arising out of, relating to, of associated with Coach's employment in a New

Position; and (vi) Deferred Compensation. Deferred Compensation shall mean


any and all salary, incentive payments, bonuses, supplementalpay, annuities,
insurance premiums, or other compensation of any kind whatsoever that prior to

the end of the term of the Contract, or any extensions thereto, Coach's then
1B

employer, or a related or affiliated corporation, company, or other entity that


supports the employer's athletic program, becomes contractually obligated to pay,
agrees to pay then or in the future, or does

pay. The amount of Defened

Compensation that shall be credited monthly against the monthly liquidated


damages payments shall equal the total of Deferred Compensation divided by the

number of months in the period between the last day of the month in which the

termination date occurs and the date the Contract term would have ended as
specified above, or pursuant to any amendment. Coach agrees to noti$'the

University within fourteen (14) days of the date Coach accepts a New Position,
and the complete details of the employment including all compensation associated

therewith. Should Coach fail or refuse to provide such information' the

University's obligation to pay liquidated damages shall cease. In addition to the


foregoing, the University's obligation to pay to Coach liquidated damages shall
cease and be extinguished in the event

of Coach's death. For purposes of the

subsection, employment means working as an employee, independent contractor,


consultant, or self-employed person.
C.

Deduction of Amounts Owed to Universitv. Upon the expiration or earlier

termination of the Contract for any reason whatsoever, Coach agrees that the

University shall be entitled and authorizedto withhold and deduct from any final
payment of any kind that is owed to Coach by the University the amount of any
unretumed recruiting advances, or other funds previously advanced to Coach by

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the University or a University Supporting Foundation for Coachos business


use, or the amount of any other indebtedness owed to the University by Coach.

5.04 LIOUIDATED DAMAGES UPON TERMINATION BY COACH WITHOUTCAUSE

In the event of termination of this Contract by Coach during the term of the contract as defined
in Article III, Coach, as the terminating party, shall be required to pay to the University the

amount of $75,000.
Such liquidated damages shall be due and payable within 60 days after the effective date

of termination of this Contract by Coach. Failure to timely pay such liquidated damages shall
constitute a breach of this Contract and such sum shall be recoverable together with reasonable
attorney fees, in any court of competent jurisdiction. In no case, shall the Universify be liable

for the loss of any collateral business opportunities or any benefits, perquisites or income
resulting from activities such as, but not limited to camps, clinics, media appearances, consulting
relationships or from any other source thatmay ensue as a result of the termination of this
Contract by Coach.
The parties have bargained for and have agreed to the foregoing liquidated damages

provision, giving consideration to the fact that the Universify will incur administrative recruiting
and resettlement cost in obtaining a replacement for Coach in addition to potentially increased

compensation cost and loss of ticket revenues


a Head Coach,

if Coach terminates this Contract while serving

as

which damages are extremely difficult to determine with certainty or fairly or

adequately. The parties further agree that the payment of such liquidated damages by Coach and
acceptance thereof by the

University shall constitute adequate and reasonable compensation to


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the University for the damages and injury suffered by it because of such termination by Coach.
The foregoing shall not be construed to be a penalty. Provisions of this section shall be without
prejudice to any rights the University may have under any applicable law. Upon termination all

rights and obligations due from each party to the other under the provisions of this Contract shall
cease. Except as provided in Section 5.03, upon termination by the University or Coach, the

University or Coach has no responsibility for the obligations or salary benefits set forth under
Article IV of this Contract.

5.05

UNIVERSITY APPROVAL REOUIRED PRIOR TO NEGOTIATION WITH


OTHER SCHOOLS OR EMPLOYERS
It is further agreed by Coach that they will not personally or through any agent actively

seek, negotiate for or accept other

full-time or part-time employment in any nature during the

term of this Contract, including local market radio, television or other media programs or
advertisement, without first having obtained the written permission of the Director of Athletics
and the President of the

University. It is agreed upon that when

and

if Coach is contacted for

position, they will promptly notify the Director of Athletics. It is agreed upon that when and

if

Coach contacts another university or employer for a position, they will promptly notifu the
Director of Athletics.

5.06

REQUIRED RE,LEASE FROM UNIVERSITY


The parties hereby agree that Coach's special, exceptional, and unique knowledge, skill,

and ability, in addition to the continuing acquisition of coaching experience at the University, as

well

as the

University's special need for continuity in its Program, render Coachos services
27

unique. Coach recognizes that the loss of the services to the University without University
approval and release prior to the expiration of the term of this Contract or any renewal thereof

would cause an inherent loss to the Universify which cannot be certainly or fairly estimated in
monetary damages. It is agreed that the release of this Contract or negotiated settlement thereof
shall be entered into by the parties pursuant to that portion of this Contract pertaining to Coach's

right to terminate this Contract and that the University will not unreasonably withhold its
approval or execution of a release or negotiated settlement upon Coach's payment to the

University of the sum required as liquidated damages under this Employment Contract.

ARTICLE VI
MISCELLANEOUS
6.01

AMENDMENTS TO AGREEMENT
It is understood and agreed that this Contract shall not be effective until signed by the

President of the University of South Alabama and that no amendments, alterations, or


interpretations thereof shall be binding upon the University unless so made in writing and so
approved by the President of the University.

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6.02

UNIVERSITY RETAINS ALL MATERIALS AND RECORDS

All materials or articles of information, including, without limitations, personnel records,


team information, films, tapes, statistics or any other material or data furnished to Coach by the

University or developed by Coach on behalf of the University or

at the

University's direction

for University's use or otherwise in connection with Coach's employment hereunder are and
shall remain the sole and confidential properly of the Universify. At the expiration of the term

of this Contract or its earlier termination as provided herein, Coach shall immediately cause any
such materials in hisArer possession or control to be delivered to the Universify.

6.03

TAX LIABILITIES
Coach shall be responsible for any and all income tax liabilities, interest andlor penalties

related to any benefits received pursuant to this Contract.

6.04

LAWS OF ALABAMA
This Contract shall be interpreted under the Laws of the State of Alabarna, and if any

provision of the Contract may be prohibited, this shall not invalidate the remaining provisions of
the Contract.

6.05 ACKNOWLEDGMENT
Coach acknowledges that he has read and understands the foregoing provisions of this
Contract, and that he has been afforded the opportunity to consult with personal legal counsel,

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and that the provisions are reasonable and enforceable, and that he agrees to abide by this

Contract and the terms and conditions set forth herein.

6.06

OTHER BENEFITS
Any other benefits or responsibilities that

are

not set forth in this Contract are not binding

upon and are not the responsibilities of the parties.

6.07

ASSIGNMENT
Coach's rights and interests under this Contract may not be assigned, pledged, or

encumbered by Coach.

6.08 WAIVER
No waiver by the parties of any default or breach of any covenant, term, ot condition

of

this Contract shall be deemed a waiver of any other defaults or breach of the same or any other
covenant, term or condition contained in this Contract.

6.09

DEBTS

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It is mutually agreed and understood that Coach shall not incur any expenses or
indebtedness for or on behalf of the University without securing the necessary

University

approval.

6.10

FORCE MAJEARE
Neither party shall be considered in default if the performance of obligations under this

Contract is prevented or delayedby Force Majeure. "Force Majeure" should be understood to


be any cause which is beyond the reasonable control of the party affected and which is forthwith

by notice from the party affected brought to the attention of the other parfy, including but not

limited to war, hostilities, revolution, civil commotion, strike, lock out, epidemic, accident, fire,
wind, or flood, or because of any law, order, proclamation, ruling, regulation, or ordinance of any
government of subdivision of govemment or because of any act of God.

6.11 INVALIDITY
If

OR UNENFORCEABILITY OF CONTRACT

any provision or provisions hereof shall be deemed invalid or unenforceable, either

in

whole or in part, this Contract shall be deemed amended to delete or modiff those portions as are
necessa.ry to alter the content thereof

in order to render it valid and enforceable; it is the

intentions of the parties that the provisions of this Contract, including those of the Employee's

ability to accept competitive employment, are enforceable to the fullest extent permissible by
25

applicable law, but that the unenforceability of such provisions shall not render unenforceable or

impair the remainder of the Contract.

6.12

STATE AGENCY RIGHTS

It is expressly agreed and understood between the parties that the University is a public
body corporate and state institution of higher learning in the State of Alabama and that nothing
contained herein shall be construed to constitute a waiver or relinquishment by the University

of

its right to claim such exemptions, privileges, and immunities as may be provided by law.

26

IN WITNESS WHEREOF, the parties hereto set forth their respective

signatures on this

Contract as of the date set forth below.

UNIVERSITY

SOUTH ALAB

DATE:

DArE:

{ I

DATE:

)'1

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