orm No: OGe-82010-08 Standard Amendmont ‘This amendinent *Amensiment) ie entered into ketween the Unlverlty of Houston ‘on behalf of ite Depertinent/Collegs/Division/ Behaot of AUaien (CUniveraity") and The Univeray of m “Ceintravior’), Univeral and Contractor may be Foterred to singularly ax a ‘Party and tolletively ao the "Parties." Thiy Amendinent Incurporates by reference and amendn the Agreement. entitled *-Auletic Aurewinent P erected on ALIG/16 the *hgreament), ‘THE AGREDMEN? 18 HEREBY AMENDED AB FOLLOWS: Porsuraph 2 Bvent, bullet pointe @ through dare deleted and replaced with: Saturday, Aeptember 3, 2022 at UTBA's Football Stadium ‘b. Salurciny, Septomaber 2, 2023 at UH's Football Stadium ¢, Saturday, Augunt 32, 2024 at UTBA's Pootball Btadium 4. Snrurday, Auguat 20, 2025 ut UH Pootball Studia ‘To the extent the ters, provistont, covenants, or conditions in this Amendment axe inconsistent with thous in the Agreement, the terms, provieions, covenant, or condltlone 4m this Amendment hall control and be binding on the Partion upon full exccution of this Artondment by the Peres authoriand mprevniatves, All other terme, provisions, covenants, and conditiona in the Agracttent ehall remain fo fll force and effect and shall not be superseded by thia Amendment, This Amonctment, together ‘with the Agreement, constitutes tho entire agreement hotween the Parties with reopect to the subject matter hereof, (ef io dana Ceuneat SuandardAnencort (986-4-2010:00~ Rare 028.2017 Page artK-16-00647 University of Houston Football Athletic Agreement This agreement entered into on this 154 day of January, 2016, is between the University of Houston (who is referred to as “UH") and The University of Texas at San Antonio (referred to as “UTSA”). For purposes of this agreement, “Home Team” means UH when a football game is played on the University of Houston campus, and UTSA when a football game is played on The University of Texas at San ‘Antonio campus, or designated home football facility. “Visiting Team” refers to the team that will play ‘an away game for a given football game. In consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the parties" intending to be legally bound, agree as follo 1, Purpose ‘The purpose of this agreement is to confirm the arrangements and conditions for playing two football games between UH and UTSA. 2. Event. ‘The football teams representing UH and UTSA will participate in two games played in UH!s football stadium and two games played in UTSA’s football stadium, ‘The following will list the dates and location for each game: Saturday, September 2, 2017 at UTSA’s Football Stadium Saturday, September 3, 2022 at UH’s Football Stadium Saturday, September 2, 2023 at UTSA’s Football Stadium Saturday, August 31, 2024 at UH's Football Stadium aeoe The kick-off time will be determined by the Home Team at a later date. 3. Rules The fcotball game, including the eligibility of the participating players, shall be governed by the rules of the Netional Collegiate Athletic Association (NCAA), UH's conference, UTSA’sconference, and the institutional rules of UH and UTSA in effect at the time of the game. 4. Officials ‘The officials shall be appointed by the Visiting Team and their expenses shall be paid by the Visiting ‘Team or the conference of the Visiting Team. 5. Compensation There will be no guarantee payments associated with this contract.6. Tickets K-16-00647 ‘Ticket prices will be established by the Home Team. Visiting Team shall be allowed to purchase 3,000 tickets. The band, cheerleaders (in uniform) and official band staff will receive complimentary admission to this game. In addition, Visiting Team will receive 500 complimentary tickets. Unsold tickets may be retumed to Home Team no Jess than one week prior to the day of the game, Payment for tickets not returned will be made within 30 days of the game. 7. Sideline Passes Visiting Team shall be allowed 60 sidetine passes at no charge. These sideline passes are in addition to the complimentary tickets provided to the cheerleaders and band. Sideline passes are for use by coaches, trainers, and working personnel only. Sideline passes must be wom by all personnel with the exception of players in uniform. All Visiting Team sideline passes are restricted to stay between Visiting Team's area (between the 25 yard lines). 8. Broadcast Rights a. Generally. The parties agree that the game start times are subject to change in orderto ‘accommodate live broadcasting opportunities. Any change in the date of the game shall require the consent of Visiting Team, which consent shall not be unreasonably withheld or delayed. All revenue derived from radio, television, and Internet broadcasts shall be retained by the team owning the broadcast rights as defined herein. b. Radio Rights. Home Team shall control radio broadcasts of the game and shall retain the revenue from all radio rights to broadcast the game. Notwithstanding the above, Visiting Team will be provided with one rights free radio outlet for the live radio broadcast of the game by Visiting, ‘Team's officially designated station or affliated radio network, and is entitled to retain any revenue from such broadcast. Home Team shall not be required to make any alteration to existing facilities for purposes of the agreement. ©. Television and Internet Rights, The parties agree that all television and Internet broadcast rights, both live and re-broadcasts, are the exclusive property of Home Team and its conference, where applicable. All such rights and revenue distribution associated with such rights shall be governed by Home Team and its conference. Internet broadcasting rights shall remain with Home Team. 9. Television All television (live and delayed) rights and revenue distribution will be governed by Home Team and its, conference. Any discussion regarding the conditions of the conference contracts should be directed to the Home Team’s conference. 10, Other Filming and Videotaping Visiting Team shall have the right to produce films and/or videotapes of the game for coaching purposes and Home Team agrees to provide reasonable facilities for such cameras as may be requiredEach party shall have the right to produce films and/or videotapes of the game for use inf AEROS, or locally oriented delayed broadcast, subject to the terms and conditions of section eight (8) above; and compliance with rules governing delayed television broadcast established by the NCAA or other agencies of which either or both institutions are members, Each team may retain all income that it may receive from such opportunities. 11, Concessions, Parking, and Program Income Home Team shall have the exclusive right to sell programs and operate concessions and parking, All income generated from selling programs, concessions, and parking will be the sole property of Home ‘Team. Visiting Team will be provided 75 complimentary programs to be delivered to their dressing room. 12, Arrival of Teams ‘The teams shall present themselves at the site of the game in condition to play at least 30 minutes before. the time advertised as the starting time for the game. 13, Ambulance Home Team shall have a medical doctor and an ambulance at the game site throughout the period of the football game. 14, Force Majeure If it becomes impossible to play the football game for reasons of power feilure, strikes, severe weather conditions, riots, war, or other unforeseen catastrophes or disasters beyond the control of either party, this agreement may be terminated by either UH or UTSA. The football game shall be cancelled, and neither party shall be responsible to the other for any loss or damage. Notwithstanding the preceding sentence, any financial obligation incurred by either team for promotion of the game shall be shared ‘equally. No such cancellation shall affect the parties’ obligations as to subsequent games covered by this agreement. Notice of a force majeure event shall be given as soon as possible after the event by the affected team, 15, Breach and Damages: UTSA. IFUTSA’s football team, for any reason other than those stated in Section 14 above, fails to appear at the time and place scheduled herein for the football game, and if no contest with a team of similar stature is scheduled by UH to replace the one cancelled due to UTSA’s breach, then UTSA shall be deemed to have breached the agreement and shall pay to UH: 4 a liquidated sum of $500,000. The parties agree that itis difficult to predict attendance and revenues for any event, so that this sum will represent liquidated damages for UH’s loss of revenue, and shall not be viewed as a penalty, Payment must be made by UTSA to UH no later than 90 days following the scheduled date of the football game.16, Breach and Damage: UH K-16-00647 IEUH’s football team for eny reason other than those stated in Section 15 above, fails t ‘time and place scheduled herein for the football game, and if no contest with a team of ‘scheduled by UTSA to replace the cancelled due to UH!s breach, then UH shall be deemed to have breached the agreement and, to the extent permitted by law, shall pay to UTSA: a liquidated sum of $500,000. To the extent permitted by law, the parties agree that i is difficult to predict attendance and revenues for any event, so that this sum will represent liquidated damages for ‘UTSA’s loss of revenue, and shall not be viewed as a penalty. To the extent permitted by law, Payment ‘must be made by UH to UTSA no later than 90 days following the scheduled date of the football game. 17. Miscellaneous Provisions a. Each party shall be solely responsible for payment of any assessments due its own conference or any other governing body. , Any notice required under this agreement to be given by either UH or UTSA to the other shall be in waiting, postage prepaid, addressed to the following addresses: Ifto UH: Hunter Yurachek Vice President for Intercollegiate Athletics University of Houston Athletics Alumni Center 3204 Cullen Bivd,, Suite 2002 Houston, TX 77204 713-743-9370 Ifto UTSA: ‘Lynn Hickey Associate Vice President/Director of Athletics ‘The University of Texas at San Antonio Department of Intercollegiate Athletics Physical Education Building One UTSA Circle San Antonio, TX 78249-0691 210-458-4161 c. [fany provisions of this agreement or any application thereof shall be invalid or unenforceable, the remainder of this agreement and any application of such provision shall not be affected. 4. No failure by either party to insist upon the strict performance by the other of any term or condi this agreement or to exercise any right to remedy contingent upon a breach thereof shall constitute a waiver of any such breach or of such term or condition of this agreement and the term or condition shall continue in full force and effect with respect to any then existing or subsequent breach. Qn ofK-16-00647 ¢. This agreement shall be govemed, construed and enforced in accordance with the laws of the State of ‘Texas, regardless of its place of execution. Any legal action arising under this agreement shall be brought in a court of competent jurisdiction in the State of Texas. £ This agreement is the entire agreement between the two parties with respect to the subject matter hereof and supersedes in all respects all other agreements, whether oral or writen. Any additions or modifications must be in writing and must be signed by both parties. This agreement shall be binding. only insofar as it is not in conflict with existing or future legislation by state legislatures or the ‘governing bodies of UH or UTSA. g, The persons executing this agreement on behalf of their respective institutions warrant thet they are duly authorized to do so. IN WITNESS WHEREOF, the parties hereto by thelr respective officers duly authorized, have caused this Agreement to be executed as of the date first written above. UNIVERSITY OF HOUSTON ‘THE UNIVERSITY OF TEXAS AT SAN ANTONIO BY: Lynn Fee President for Intercollegiate Athletics Associate Vice President/Dibetior of Athletics Ins Kathryn ied ff Date Vice President for Business Affairs