DOC1803055437.pdf

Procure-to-Pay

3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p

University of Nebraska Contract Summary

CONTRACTOR/COMPANY INFORMATION

Supplier STM CHARTERS INC ***ACH*** Contact Kyle Condon

Sourcing Agent Melody Stark Email kcondon@stmcharters.com

REQUESTING DEPARTMENT

Participating Campuses

UNL

Administrative Unit/Dept.

Department Contact Blake Chramosta

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Charter Agreement for MBB Season December 2025-February

2026.

Contract Document Document Amt Total Amt Start Date End Date Notes

CW 36766 $422,300 $422,300 12/12/2025 02/17/2026

COMPETITION/BID INFORMATION

Bid Number

Competition NCPD

Contract Information

INTERNAL USE ONLY

Contract CW36766

CHARTER AIR SERVICES AGREEMENT NO. 25234

This CHARTER AIR SERVICES AGREEMENT (together with the “Appendix” attached hereto, this “Agreement”), dated as of 09-Sep-2025 between STM Charters, Inc. (“STM”), having its principal place of business at 1203 W Ridgeway Ave., Waterloo, IA 50701, and the Board of Regents of the University of Nebraska, a public body corporate and governing body of the University of Nebraska, by and on behalf of the University of Nebraska- Lincoln and its Department of Intercollegiate Athletics (“Customer”), having a location at One Memorial Stadium, P.O. Box 880122, Lincoln, NE 68588- 0122, establishes the terms and conditions under which Customer retains the services of STM for provision of passenger charter air transportation and related services.

The term of this Charter Air Services Agreement shall commence upon the execution hereof and continue until the completion of the last Charter Flight (as defined in Section 1.A) as set forth in the flight schedule (the “Flight Schedule”) included in the Appendix attached hereto, which Flight Schedule may be changed from time to time upon mutual agreement of STM and Customer. This Charter Air Services Agreement will expire thirty (30) days after date of issue if not accepted by Customer.

In consideration of the mutual covenants and obligations contained herein, STM and Customer, intending to be legally bound, hereby agree to the following standard terms and conditions:

1. OPERATION.

A. STM agrees to make available to Customer, and Customer agrees to charter through STM, the flights described and in accordance with the Flight Schedule (each, a “Charter Flight” or collectively “Charter Flights”). Customer understands and agrees that all Charter Flights will be operated subject to the terms and conditions of this Agreement, applicable laws and regulations and the rules and regulations issued by the Federal Aviation Administration (“FAA”) and the U.S. Department of Transportation (“DOT”) that may be applicable to the operation of the Charter Flights, including but not limited to applicable flight time/duty time restrictions, airport limitations and the Charter Regulations (as defined in Section 4.A). Such Charter Regulations may be updated from time to time or at any time.

B. Customer acknowledges and agrees that STM is acting as an agent on behalf of the Customer with the air carrier(s) (the “Air Carrier(s)”) that will provide the air transportation described in this Charter Air Services Agreement and in the Flight Schedule attached hereto, and that STM is not an air carrier, indirect air carrier, or charter operator. Customer understands and agrees that STM does not have operational control of the aircraft used to conduct the Charter Flights contemplated by this Agreement.

C. STM and Air Carrier, in their sole discretion, may also subcontract the performance of any Charter Flight to another U.S.

certificated air carrier, provided that any subcontract arrangement does not result in an increase in the Charter Price (as defined in Section 2.A) and complies with the terms of this Agreement.

D. Customer further understands and agrees that Air Carrier, together with or independent of the pilot-in-command, shall have absolute discretion in all matters concerning the preparation of the aircraft for flight and the flight itself, including but not limited to the load carried and its distribution, the decision whether or not a flight shall be undertaken, the route to be flown and all matters relating to the operation of the aircraft. Customer specifically agrees that Air Carrier, together with or independent of the pilot-in-command, shall have final and complete authority to cancel any flight for any reason or condition which in its sole judgment could compromise the safety of flight and may take any other action which in the sole judgment of the Air Carrier or the pilot-in-command is necessitated by consideration of safety. In the event that Air Carrier or its flight crew, in their sole discretion, determine that they are unable or it is unsafe to operate a particular Charter Flight, STM will use commercially reasonable efforts to secure substitute transportation for the same day, or, if none is reasonably available, as soon as practicable.

E. Air Carrier and/or the pilot-in-command, in their sole discretion, shall have the right to refuse boarding to any person: (i) who appears to be intoxicated or under the influence of any illicit or controlled substance or any drug; (ii) who refuses to be subject to any reasonable checks of his person or baggage deemed by Air Carrier, or government or airport authorities, as in the best interests of security;

(iii) who is unwilling or unable to comply with the document requirements as described in Section 7.C hereof, (iv) whose condition could involve hazard or risk to himself or others; or (v) when such action is necessary to comply with any governmental regulation or governmental request for emergency transportation in connection with the national defense, and Air Carrier shall not be required to refund any charges paid by the Customer or such passenger in connection with the refusal.

F. STM’s and Air Carrier’s obligation to operate any Charter Flight shall be contingent upon access to departure and landing slots, ticket counters, gates, or other facilities acceptable to Air Carrier, the timely issuance of such approvals, clearances, permits and operating authority as may be required to be issued or granted by any government or governmental agency for the operation of the Charter Flights. In the event that access to such departure and landing slots, ticket counters, gates or other facilities is not available, that any government or governmental agency shall fail or refuse to issue or grant such approvals, clearances, permits, operating authority sufficiently in advance of scheduled departure to make required flight arrangements or shall, after issuance, revoke or rescind the same, STM and Air Carrier may elect to cancel the affected Charter Flight(s) without liability for loss, injury, damage or delay to Customer or any person, so long as such condition necessitating cancelation was caused by the negligence and/or willful conduct of STM and/or Air Carrier.

2. CHARTER PRICE.

A. In consideration of the Charter Flights to be provided by STM and Air Carrier and the undertakings of STM and Air Carrier set forth herein, Customer shall pay to STM the amount (the “Charter Price”) for each Charter Flight as indicated on the payment schedule (the “Payment Schedule”) included in the Appendix attached hereto in accordance with Section 3 hereof.

B. The Charter Price includes both taxable and non-taxable items associated with the services provided. Except as specified in Section

2. C, the Charter Price includes all airport departure and arrival charges and taxes or governmental fees, including, but not limited to

U.S. international arrival and departure taxes, INS user fees, APHIS passenger user fees, customs user fees, September 11th security fees, and passenger facility charges that may be owed in connection with the Charter Flights (collectively, “Travel Taxes”) based on the capacity of the aircraft as indicated in the Flight Schedule.

C. With respect to Public Charters (as defined in Section 4.D) or any other Charter Flights for which Travel Taxes are not included on the Payment Schedule, which may include but not be limited to local departure taxes, Customer shall be solely responsible for all Travel Taxes.

D. Customer acknowledges the Charter Price is calculated using the fuel base (the “Fuel Base”) indicated on the Flight Schedule.

Unless otherwise indicated as “Fuel Inclusive” on the Flight Schedule, any increase in the cost of fuel above the Fuel Base on the dates of travel will result in an additional cost to Customer. Customer agrees to remit payment for such additional cost pursuant to Section 3 of this Agreement.

E. Customer understands and agrees that, unless otherwise indicated on the Flight Schedule or Payment Schedule, costs for aircraft deicing are specifically excluded from the Charter Price and that additional amenities, including but not limited to inflight catering, private security screening, onboard coordinators, Wi-Fi access, inflight entertainment or other accessorial services may require an additional fee (the “Additional Fees”) to be collected after the completion of each Charter Flight. Customer agrees to remit payment for such Additional Fees in accordance with Section 3 of this Agreement.

F. Any material deviation from the Flight Schedule or terms thereof through the action or inaction or at the request of Customer may involve a change in the Charter Price, the amount of such change to be determined solely by STM and the Air Carrier.

3. PAYMENT.

A. Customer agrees to pay the full amount of the Charter Price to STM or its authorized agent in accordance with the Payment Schedule. All amounts due from Customer to STM under this Agreement shall be denominated in U.S. currency and paid in immediately available funds via ACH transfer to:

STM Charters, Inc.

US Bank 425 Cedar St Waterloo, IA 50701 Routing #: 021052053

Account #: 26193420

B. Upon execution of the Charter Air Services Agreement, Customer shall pay to STM the deposit amount indicated on the Payment Schedule as a “Security Deposit.”

C. Customer agrees that in the event Customer fails to make any payment required pursuant to the terms of this Agreement and in accordance with the Payment Schedule, including the Security Deposit, STM shall have the right thereafter, upon fourteen (14) calendar days notice, to terminate this Agreement if payment is not made within the fourteen (14) calendar day , and, if applicable, apply the Security Deposit to any and all unpaid obligations of Customer under this Agreement.

D. STM shall advise Customer as soon as practicable of any governmental charges or taxes levied against STM or Air Carrier which are the responsibility of the Customer and which are not specifically included in the Charter Price. Such taxes and charges shall be payable by Customer within forty-five (45) calendar days of receipt of such notice.

E. Additional Fees not included in the Charter Price, including but not limited to security fees, landing fees, special event fees, onboard catering and amenities, and aircraft deicing shall be billed to the Customer upon completion of each Charter Flight. STM will provide to Customer an invoice specifying in detail the Additional Fees by the 15th day of the month immediately following the month in which the Charter Flight operated, or upon receipt from Air Carrier or service provider, whichever is later. Customer shall pay to STM the full amount of any such Additional Fees within forty-five (45) calendar days of receipt of an invoice therefor. Customer agrees that STM may charge interest for late payment in accordance with Nebraska’s Prompt Payment Act (Neb. Rev. Stat. § 81-2401 to 81-2408)..

4. COMPLIANCE WITH CHARTER REGULATIONS.

A. STM and Customer, and their respective agents, passengers and contractors shall be deemed to have notice of, and shall comply in all applicable respects with, Title 14 of the Code of Federal Regulations (“CFR”) Parts 212, 372, 380 and 399 and any policy statements issued in connection therewith, and all other applicable laws, rules, and regulations promulgated by DOT (collectively the “Charter Regulations”). To the extent applicable, the Charter Regulations shall govern the relations between the parties notwithstanding any provision of this Agreement. Customer acknowledges it has access to the Charter Regulations in effect the date hereof.

B. Both parties agree to comply, and will cause their agents, officers, employees, and passengers to comply with the Charter Regulations. In the event that Customer or any passenger or prospective passenger on any Charter Flight has failed or fails to observe such Charter Regulations, STM and Air Carrier shall have the power and right at its sole option, to cancel the Charter Flight(s) or to refuse to board any of the passengers or prospective passengers for such Charter Flight without any liability or penalty against STM or Air Carrier of any kind.

C. Upon receipt of knowledge, Customer hereby agrees to notify STM immediately of the failure of any charter passenger or prospective charter passenger to comply with the Charter Regulations or, in the case of a Public Charter (as defined in Section 4.D), the suspension or revocation by the DOT of Customer’s authority to operate Charter Flights.

D. With respect to Charter Flights conducted as part of a public charter program under Part 380 of the Charter Regulations ( “Public Charters”), STM and Customer shall cooperate and coordinate with each other in preparing the public charter prospectus(es) required thereby and any other documentation or information as may be required by the Charter Regulations. Customer shall bear sole responsibility for submitting such prospectus(es) and documentation to, and obtaining approval thereof from, DOT and shall cause any travel agent, tour operator, or other principal or agent involved with the Charter Flights to provide any information or certification required by DOT in connection therewith.

E. Except as otherwise provided in Section 4.F or, as it relates to Public Charters, as expressly permitted by the Charter Regulations, Customer shall not engage in any form of advertising, marketing or solicitation with respect to the Charter Flights, or otherwise hold out, directly or indirectly, the sale or resale of air transportation in relation thereto.

F. With respect to Public Charters, Customer shall be solely responsible for marketing and selling the Charter Flights and agrees that it will not use STM’s or Air Carrier’s name in any advertisements or other solicitation materials prepared in connection with the Charter Flights herein contracted for without first obtaining from STM or Air Carrier its specific prior written approval, except that Customer shall comply with Title 49 of the United States Code (“U.S.C.”) § 41712, any policy statements issued in connection therewith, and the Charter Regulations, and shall identify the Air Carrier as the direct air carrier in any such advertisements or other solicitation materials.

5. BAGGAGE LIMITATIONS.

A. Air Carrier will accept for transportation as baggage personal property of the passengers of each Charter Flight subject to the Air Carrier’s standard baggage policy and subject to the following conditions: (i) Air Carrier may refuse to accept baggage for transportation on any flight other than the one on which the passenger is to be transported; and (ii) Air Carrier may refuse to transport or may remove at any point any baggage which the passenger refuses to allow Air Carrier or any governmental agency to examine, provided such examination request is complies with applicable laws and regulations, and is reasonably necessary to ensure the safety and security of the Charter Flight. Acceptability of carry-on luggage for storage in the cabin is dependent on the weight and size of the item. Carry-on property that cannot be stored under the seat or in an overhead luggage bin will be taken and stored as checked baggage at the passenger’s risk.

B. Air Carrier shall issue and deliver its standard applicable form of baggage check to each charter passenger for each item of baggage accepted by STM or Air Carrier at check-in for transportation on the Charter Flight.

C. The maximum payload of the aircraft is set forth on the Flight Schedule. Air Carrier will determine, in its sole discretion, the amount of baggage that may be loaded on the aircraft based upon the maximum payload, the number of passengers on each Charter Flight, the size and weight of the baggage, and any other operational limitations that may affect the safe operation of flight. Customer agrees that the amount of baggage depends upon the space and weight limitations of the aircraft and that neither STM nor Air Carrier shall be liable or responsible for baggage that cannot be transported because of these limitations.

D. Services contracted for by Customer, independent of STM or Air Carrier, which eliminate destination-airport baggage claim and/or return flight baggage check-in shall be the responsibility of the Customer and such contracts shall negate any liability STM and Air Carrier would otherwise accept in consideration of baggage claims, with the exception of gross negligence or willful misconduct on behalf of STM, Air Carrier, or its contracted service companies.

E. [Intentionally omitted].

6. SECURITY.

A. Customer agrees to cooperate with STM and Air Carrier in fulfilling all local and/or federal security requirements in connection with the Charter Flights.

B. Customer will provide each passenger a list, provided by STM, of prohibited items not allowed onboard the aircraft or in the secure perimeter that surrounds the security screening checkpoint and the aircraft.

7. DOCUMENTATION AND MANIFEST REQUIREMENTS.

A. Customer shall furnish STM and Air Carrier with a pre-departure passenger and, if applicable, cargo/equipment manifest. Such manifest(s) shall be provided to STM and Air Carrier using the form specified by STM and Air Carrier no later than 72 hours before each Charter Flight is to commence as set forth in the Flight Schedule. A final manifest shall be provided to STM and Air Carrier using the form specified by STM and Air Carrier no later than 24 hours before each Charter Flight is to commence as set forth in the Flight Schedule.

B. With respect to Public Charters, Customer shall issue and deliver to its passengers a document outlining flight information with respect to each Charter Flight, which shall be approved in advance and in writing by STM and Air Carrier. WITH RESPECT TO PUBLIC CHARTERS, CUSTOMER MUST ALSO PROVIDE EACH PASSENGER ON EACH CHARTER FLIGHT WITH WRITTEN NOTICE OF AIR CARRIER’S RULES, CONTRACT OF CARRIAGE AND LIMITATIONS OF LIABILITY, THE FORM OF SUCH NOTICE TO BE APPROVED IN

ADVANCE BY STM AND AIR CARRIER IN WRITING.

C. In addition to its other responsibilities under this Agreement, Customer shall ensure that passengers on the Charter Flights comply with government travel requirements, including Department of Homeland Security and other U.S. passenger identification requirements.

Customer shall be responsible for obtaining all necessary travel documents and for complying with the laws of any country from, through, or to which it desires transportation and, unless applicable laws provide otherwise

8. INDEMNIFICATION, HOLD HARMLESS, AND LIMITATIONS OF LIABILITY TO CUSTOMERS.

A. [Intentionally Omitted].

B. [Intentionally omitted].

C. Customer shall be responsible for all damage to the aircraft used for the Charter Flight and other property of STM, Air Carrier, or its contractors caused by Customer or its passengers in connection with the Charter Flight, excepting reasonable wear and tear.

D. This Agreement shall be subject to the rules relating to liability established by the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Warsaw, Poland, October 12, 1929, as amended by the Protocol signed at the Hague, September 28, 1955, and in accordance with the terms of the Montreal Agreement, dated May 16, 1966, and/or the Convention for the Unification of Certain Rules Relating to International Carriage by Air, signed at Montreal, Canada, May 28, 1999, as applicable, unless the carriage provided for herein is not “International Carriage” as defined by such conventions.

E. Customer acknowledges that it shall be solely responsible to charter passengers for furnishing all services set forth in the prospectuses and any solicitation material distributed in connection with the Charter Flight. In the event that an entity other than STM assists or provides Customer with services related to the Charter Flights or makes arrangements for hotel accommodations, tours or land travel, such company or other entity shall act solely as a representative of Customer and not of Air Carrier or ST M.

F. STM is not responsible for delays, losses or damages of any kind caused, in whole , by Force Majeure (as defined in Section 12), acts of war, terrorism, mechanical or electronic difficulties with the aircraft, adverse meteorological conditions, air traffic control delays or other unforeseeable circumstances.

G. If a flight is delayed or cancelled for any reason in Section 8.F hereof, excepting mechanical or electronic difficulties with the aircraft, no ground transportation, lodging, meals, amenities or liquidated damages will be provided by STM or Air Carrier to Customer.

H. Subject to Section 8.I below, IN NO EVENT SHALL STM OR AIR CARRIER BE LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

I. Notwithstanding anything to the contrary in this Agreement, STM and Air Carier do not limit or exclude its liability in respect of:

i. death or personal injury;

ii. claims for damage to real property or tangible or intangible property arising from STM’s acts or omissions under the Agreement;

iii. any loss or claim to the extent the loss or claim is covered by a policy of insurance maintained, or required by this Agreement to be maintained, by STM;

iv. damages arising from the gross negligence or willful misconduct of STM, its employees, its subcontractors, or its agents;

v. damages arising from STM’s breach of data security or confidentiality obligations under the Agreement; or

vi. any other liability (including statutory liability) to the extent it is not lawfully permitted to limit or exclude it..

9. CANCELLATION CHARGES.

A. In the event that any Charter Flight or Charter Flights are cancelled at (i) the request of Customer, (ii) by STM or the Air Carrier because the Customers’ and/or its agents’, officers’, employees’ or passengers’ failure to comply with the applicable Charter Regulations, or

(iii) by STM under Section 3.C of this Agreement, the Customer agrees to pay STM as liquidated damages (but not as penalty), a cancellation charge with respect to each cancelled Charter Flight to be computed as follows: when the cancellation occurs (i) more than sixty (60) days before the Charter Flight is to commence as set forth in the Flight Schedule, the cancellation charge for such Charter Flight shall be twenty- five percent (25%) of the Charter Price therefor; (ii) at least seven (7) days but not more than sixty (60) days before such Charter Flight is to commence as set forth in the Flight Schedule, the cancellation charge shall be fifty percent (50%) of the Charter Price therefor; or (iii) less than seven (7) days before such Charter Flight is to commence as set forth in the Flight Schedule, the cancellation charge shall be one-hundred percent (100%) of the Charter Price therefor; provided, however, that such cancellation shall not relieve Customer of its obligation to pay STM for any services already provided in relation to such Charter Flight(s) under the terms of this Agreement or for additional costs incurred by STM or Air Carrier as a result of such cancellation. In any case, the minimum cancellation charge for any flight shall be $200.00.

B. The cancellation charges set forth in Section 9 of this Agreement shall be due and payable forty-five (45) days following such cancellation, unless full payment for the affected Charter Flights has already been received by STM, in which case the balance (if any) of the payment, less the applicable cancellation fees, shall be refunded to Customer within ten (10) business days.

C. The cancellation charges shall not apply: (i) if the cancellation results from Force Majeure (as defined in Section 12); or (ii) in the event that STM or Air Carrier cancels a Charter Flight pursuant to Sections 1.D or 1.F hereof, in which case STM shall refund the Charter Price excepting only that portion thereof attributable to the transportation already performed and such transportation as may be necessary to return charter passengers to their origination airport.

10. TERMINATION.

A. Except as otherwise provided in this Section 10, either party may, in addition to the exercise of any rights that it may have at law, in equity, and/or under this Agreement, terminate this Agreement upon written notice if the other party fails to perform any of its obligations hereunder and such failure continues unremedied for a period of ten

(10) business days following the receipt by the non-performing party of the written notice of such non-performance.

B. If this Agreement is terminated by STM as provided in Section 3.C, such termination shall be effective upon Customer’s receipt of notice thereof.

C. Either party may terminate this Agreement upon ten (10) days written notice, without further liability to any other party, in the event Force Majeure (as defined in Section 12) causes the continued performance under this Agreement to be impossible or impracticable.

D. If this Agreement is terminated by STM pursuant to Section 3.C or 10.A of this Agreement, Customer will, in addition to amounts for services that have already been provided, be responsible to pay to STM the cancellation charges set forth in Section 9 with respect to each Charter Flight remaining on the Schedule as of the date the termination occurs.

11. INSURANCE.

Air Carrier shall obtain and maintain appropriate comprehensive general aviation liability insurance, including coverage for bodily injury and property damage, for the term of this Agreement, and such insurance shall name Customer as an additional insured. STM shall provide Customer with a Certificate of Insurance evidencing the coverage required by this Section 11 within thirty (30) days following execution of this Agreement. For the avoidance of doubt, Air Carrier shall list the Board of Regents of the University of Nebraska, and Anthony Travel, LLC as additional insured on policies included in this Section

11. Additionally, such policies shall contain a waiver of subrogation against the Board of Regents and the University of Nebraska.

12. FORCE MAJEURE.

A. The term “Force Majeure” as hereby employed shall mean any event commencing following the date hereof which is not reasonably within the control of the parties hereto and which would prevent a party from fulfilling its obligation under this Agreement, including, but not limited to, the following: laws, regulations, requirements, rules, acts, demands, orders, interpositions or interferences of any government or governmental authority, acts of God, sanction (financial or otherwise), seizure under legal process, hijacking, riots, terrorism, civil commotions, strikes or labor stoppage, fire, fog, smog, flood, weather, inability to obtain fuel at commercially reasonable prices, quarantines, military emergency, war, civil commotion strikes, labor disputes, rebellion, insurrections, hostilities or hazards or dangers incident thereto, damage or accident to or failure, mechanical difficulties or breakdown of the aircraft or any part thereof or any machinery or apparatus in connection therewith, failure or refusal by any governmental authority to issue approvals, state and local orders or directives, clearances, permits, operating, layover or traffic rights, for which timely application was made, or the rescission, suspension or revocation thereof, directives of a relevant athletic conference or National Collegiate Athletic Association authority, and reasonably anticipated or actual heal emergencies including an outbreak of serious, life-threatening, contagious disease or health crisis, epidemic, and pandemic.

B. If STM, Air Carrier, or Customer is rendered unable, wholly or in part, by Force Majeure to carry out its obligation under this Charter Air Services Agreement, other than with respect to the payment of money, the party that is unable to perform (the “Canceling Party”) shall be entitled to cancel, with such notice to the other party as is reasonable under the circumstances, the Charter Flights affected by Force Majeure without being subject to or responsible for any penalties or damages for such cancellation. Furthermore, the obligations of the Canceling Party, other than with respect to the payment of money, insofar as they are affected by Force Majeure, shall be suspended during the continuance of the Force Majeure. Pursuant to Section 10.C hereof, either STM or Customer may terminate this Agreement, upon ten (10) days written notice, without further liability to any other party, in the event Force Majeure causes the continued performance of this Agreement to be impossible or impracticable.

13. MISCELLANEOUS.

A. Authority. Each of Customer and STM represent that it is authorized, pursuant to existing laws and applicable regulations, to enter into this Aircraft Charter Agreement and to its obligations hereunder.

B. Confidentiality. Except as provided by Sections 13.C and 13.D below, neither party may disclose to a non-governmental third party, other than such party’s legal, tax or accounting advisors, any part of this Agreement, any information pertaining to the specific contents of this Agreement or any proprietary information received from the other party pursuant to this Agreement without the consent of such disclosing party, unless such information shall have already become publicly known without breach of this provision or unless required to do so pursuant to applicable law, regulation, government letter, order or subpoena.

Except as to a disclosure made pursuant to Section 13.C and/or 13.D below, ff required to do so pursuant to applicable law, regulation, governmental letter, order or subpoena, the parties will consult in good faith as to how to proceed with the aim of taking all appropriate action to limit the scope of the governmental order or subpoena and/or obtain confidential treatment for any material required to be disclosed to non- governmental third parties. The parties shall agree upon the timing and content of any press release relating to this Agreement or the Charter Flights and no such public disclosure or press release shall be made or issued that has not been mutually agreed in writing by the parties hereto.

C. Taxpayer Transparency Act. Under Neb. Rev. Stat. §§ 84-602.01 to 84-602.04, Customer is required to provide the Nebraska Department of Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any amendments and documents incorporated by reference in the contract. Copies of all such contracts and documents will be published by the Nebraska Department of Administrative Services at https://statecontracts.nebraska.gov/. It shall be the sole responsibility of STM (a) to notify Customer of any requested redactions to this Agreement, any amendment to this Agreement, and any document incorporated by reference into this Agreement and (b) to indicate the legal basis for such requested redactions at the time of execution thereof. In addition, STM shall defend any challenge to such redactions at its own expense. STM’s failure to request redactions to any contracts or documents released by Customer under this Section shall constitute a complete waiver of any and all claims for damages caused by any such release.

D. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to Customer regarding, related to, or part of this Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with Customer’s interpretation and application of applicable law. It shall be the sole responsibility of STM (a) to notify Customer of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions.

In addition, STM shall defend any challenge to such requested redactions at its own expense. STM’s failure to request redactions to any information or records released by Customer under this Section shall constitute a complete waiver of any and all claims for damages caused by any such release.

E. Nondiscrimination. Neither STM nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions, or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant in accordance with the Nebraska Fair Employment Practice Act (Neb. Rev. Stat. §§ 48-1101 to 48- 1125).

F. Work Status Verification. STM and its subcontractors shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb. Rev. Stat. §§ 4-108 to 4-114.

G. Conflict of Interest. STM certifies, to the best of its knowledge and belief, that (a) there is no unresolved actual or potential conflict of interest related to this Agreement and (b), if STM is a Customer employee, immediate family member of a Customer employee, or business associated with a Customer employee and this Agreement is valued at $2,000 or more, STM has, prior to execution of this Agreement, provided written notification to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, of STM’s status as, relation to, or association with a Customer employee and of this Agreement. If an actual or potential conflict of interest related to this Agreement arises during the Term, STM shall provide to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, a written disclosure statement that describes all relevant information concerning the actual or potential conflict of interest. If the actual or potential conflict of interest cannot be resolved or Customer determines STM’s certification set forth in this Section is false, Customer may declare this Agreement void and of no further force or effect and Customer shall have no further obligations under this Agreement.

H. Waiver. A waiver of any term or provision of this Agreement by Customer shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Agreement. Any such waiver must be in writing to be effective, and no such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof.

I. Logos or Customer Marks. STM shall not use or display any Customer campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by Customer as a source identifier, unless expressly authorized in writing by Customer. Any unauthorized use of Customer Marks is expressly prohibited. STM shall not use Customer’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to STM’s business.

J. Student Records. STM acknowledges and understands that Customer is required to protect certain Confidential Information from disclosure under applicable law, including but not limited to the Family Educational Rights and Privacy Act (“FERPA”) and Nebraska public records laws, including regulations promulgated thereunder, as the laws and regulations may be amended from time to time. Confidential Information that is protected under FERPA provided to STM is provided to STM as it is handling an institution service or function that would ordinarily be performed by Customer employees. STM agrees that it should be obligated to protect this information in its possession or control in accordance with applicable privacy laws and as a “school official” under FERPA. STM further agrees that it is subject to the requirements governing the use and re-disclosure of personally identifiable information from education records as provided in FERPA.

K. Assignment. This Agreement is non-assignable and non-transferrable unless agreed to in writing by the parties. Any attempt by either party to assign its rights or obligations hereunder without the written agreement of the other party shall be void.

L. Notices. All notices and requests hereunder shall be in writing and delivered in person, by facsimile, by certified mail, or by reputable courier for overnight delivery, and shall be sent to the address set forth on Page 1 of this Agreement (or to such other address as may be designated in writing). Such notice or other communication shall be deemed to have been given or made and shall be deemed to have been received in the case of a reputable overnight courier, one (1) business day after being sent; in the case of a facsimile , the same day as transmitted if received during the normal business hours of the recipient or the next business day if received after the normal business hours of the recipient as reflected by an electronic confirmation or receipt; and in the case of personal delivery or certified, upon actual delivery or the intended recipient's refusal to accept delivery.

M. Entire Agreement. This Agreement shall constitute the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior communications and agreements of the parties applicable to the Charter Flight(s) and all other services provided for in this Agreement.

N. Amendment. Excepting changes to the Appendix, this Agreement or any provision of this Agreement may not be amended, modified or waived except by a written agreement signed by both parties hereto.

O. Choice of Law. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF NEBRASKA. Any legal actions brought by either party involving this Agreement shall be in the state courts located in Lancaster County, Nebraska.

P. Independent Contractors. The parties hereto are independent contractors and nothing herein contained shall be construed as establishing a joint venture, or partnership.

Q. Validity. The illegality or non-validity of any paragraph, clause or provision contained or referred to in this Agreement shall not affect or invalidate any other paragraph or provision hereof.

R. Headings, Titles, and Definitions. Titles are inserted in this Agreement for the purposes of reference and convenience and in no way define, limit or describe the scope or intent of this Agreement and are not to be deemed a part hereof.

S. Unused Space. Air Carrier will not use any unused space on any of the Charter Flights for the transportation of cargo or for the transportation of company personnel on company business, unless the travel is related to the charter operation, or unless the Customer otherwise consents to Air Carrier’s use of such unused space. Air Carrier, at its sole option, may permit the use of any unused space on any positioning flight for the transportation of passengers or cargo.

T. Outside Catering. STM will, at Customer’s request, procure, and cause Air Carrier to distribute, inflight meals and/or snack-services to be provided onboard each Charter Flight. Customer understands that such inflight meals and/or snack-services may be provided by a third-party caterer or airline kitchen (“Third Party Caterer”). Customer hereby agrees that (i) neither STM nor Air Carrier has control, direct or otherwise, over any Third-Party Caterer, its employees, kitchens, delivery practices, procedures and policies, or any other aspect of any Third- Party Caterer’s business.

IN WITNESS WHEREOF, STM and Customer, each pursuant to due authority, have such caused this Agreement to be executed by their duly authorized officers as of the day and year first above written.

STM Charters, Inc. Board of Regents of the University of Nebraska

Signature: Signature:

Title: Title:

Date: Date:

Account Executive

10/28/25 | 11:45 PDT 10/30/25 | 08:43 CDT

AVP & Director of University Services

STM Charters, Inc.

1203 W. Ridgeway Drive Waterloo, IA, 50701, United States www.stmcharters.com

APPENDIX

CONTRACT #: 25234

VERSION #: 1.0

CUSTOMER: University of Nebraska Lincoln

GROUP/TEAM: MBB

OPS CONTACT: Bailey Worthy

PHONE #: (281) 825-7964

EMAIL: bworthy@huskers.com

FLIGHT SCHEDULE

DATE DEP

CITY

DEP

TIME

ARR

CITY

ARR

TIME

FLIGHT

TIME CARRIER AIRCRAFT SEATING MAXIMUM

PAYLOAD CATERING FUEL

BASE

TOTAL

PRICE

Denver Air Connection

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $57,770.00

12-Dec-2025 LNK (TBD) CMI (TBD) 1h 12m

13-Dec-2025 CMI (TBD) LNK (TBD) 1h 19m

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $68,720.00

04-Jan-2026 LNK (TBD) CMH (TBD) 1h 42m

05-Jan-2026 CMH (TBD) LNK (TBD) 1h 56m

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $62,000.00

09-Jan-2026 LNK (TBD) BMG (TBD) 1h 23m

10-Jan-2026 BMG (TBD) LNK (TBD) 1h 32m

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $60,460.00

16-Jan-2026 LNK (TBD) ORD (TBD) 1h 12m

17-Jan-2026 ORD (TBD) LNK (TBD) 1h 18m

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $55,380.00

23-Jan-2026 LNK (TBD) MSP (TBD) 0h 59m

24-Jan-2026 MSP (TBD) LNK (TBD) 1h 00m http://www.stmcharters.com/

STM Charters, Inc.

1203 W. Ridgeway Drive Waterloo, IA, 50701, United States www.stmcharters.com

APPENDIX

26-Jan-2026 LNK (TBD) YIP (TBD) 1h 37m Denver Air Connection

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $66,850.00

27-Jan-2026 YIP (TBD) LNK (TBD) 1h 48m

(DAC)

Embraer ERJ145 0F/50Y=50 10,500 Lbs

Athletic Beverages and

Snacks $5.00 $51,120.00

16-Feb-2026 LNK (TBD) CID (TBD) 0h 49m

17-Feb-2026 CID (TBD) LNK (TBD) 0h 51m

Flight Times and Maximum Payloads are based on normal flight conditions and are subject to change based on aircraft routing, air traffic control, weather, passenger counts, equipment load and other travel-related circumstances not listed on the day of operation. Departure times are subject to final carrier approval.

Outbound date is dependent upon tournament seeding. Return date is based on tournament results and may be anytime within 24 hours of elimination, at the carrier’s discretion.

Beginning in May 2025 a REAL ID is required for all passengers. Government ID: Each traveler must carry a VALID government-issued picture ID (such as a driver's license).

The name on the ID and passenger manifest must match exactly. For more information see - REAL ID | Homeland Security (https://www.usa.gov/real-id)

PAYMENT SCHEDULE

Total: $ 422,300.00 Total Price includes Travel Taxes and the Catering and Fuel specified above. Price excludes aircraft de-icing.

Deposit: $ 105,575.00 Due upon contract signing.

Balance: $ 316,725.00 The remaining balance of 75% of the total for each trip is due thirty (30) calendar days prior to the departure date for that trip

AGREEMENT

The parties further agree to the Terms and Conditions contained in the Charter Air Services Agreement attached hereto.

IN WITNESS WHEREOF, the parties have executed this Flight and Payment Schedule as of this _______________ day of ____________________, ____.

AGREED: STM Charters, Inc. University of Nebraska Lincoln

10/30/25 | 08:43 CDT

http://www.stmcharters.com/

University of Nebraska Non-Competitive Purchase Documentation

Board of Regents Policy 6.2.1.10 (b) provides that “except as otherwise provided in this purchasing policy, any purchase committing the University to an expenditure of $150,000 or more shall be made to the lowest responsible bidder.” Board of Regents Policy 6.2.1.7 provides that “If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. There are exceptions allowed to this policy in 6.2.1.10 (f), which explains when competitive bidding is not required.

This form is designed to assist in complying with policy. It is to be used for purchases of $150,000 or more that are not competitively bid or small purchases where quotations are not obtained. It must be signed by the person seeking the non-competitive purchase, as well as the funding approver and returned to your campus procurement office or the Office of the Vice President for Business and Finance.

INSTRUCTIONS for Completion of this Form:

Please check the category below for which your particular transaction qualifies as a non-competitive purchase. The column § (subsection) refers to Board Policy 6.2.1.10 (f). Incomplete forms will be returned.

§ EXCEPTION TO COMPETITIVE PURCHASE

1. Purchase of unique or non-competitive articles or services (e.g., “Sole Source”). Without limiting the generality of the foregoing sentence, examples of unique or non-competitive articles and services are public utility services, regulated central office telephone services, books, pamphlets and periodicals, and specially designed business, research or scientific equipment and related software. This category of purchase shall be accompanied by a written justification from the requesting unit and must have the prior written approval by the principal business officer or their designee.

2. Contracts for professional services; provided, however, that any contract for architectural, engineering, land surveying or landscape architectural services shall be made in accordance with applicable law and Board of Regents policies requiring competitive negotiations for such services. “Professional Service” means (a) any type of service which requires a license or other legal authorization as a condition precedent to the rendering of the service, or (b) any other type of service commonly recognized as a professional service, including, but not limited to, accounting and auditing, actuarial, legal, personnel, financial, computing, management, marketing, educational program planning or evaluation, facilities planning or evaluation, insurance and risk management, or travel agency services. (See RP-6.2.1(4)(h))

3. Purchases necessary in emergency situations.

4. Contracts for maintenance or servicing of equipment with the manufacturer of the equipment or the manufacturer's authorized service agent, where in the judgment of the principal business officer such maintenance or service can be most effectively performed by the manufacturer or its authorized service agent.

5. Contracts on capital construction projects (a) for the services of a construction manager who may or may not at the discretion of the University also be engaged on the project as the general contractor or (b) for the services of a design/build contractor who will be engaged on the project to furnish design services by a qualified architect or engineer and to provide general contractor services; provided, the contracts shall be awarded in accordance with RP-6.3.7.

Additional Required Information:

Supplier Name: Amount of Purchase:

Description Supporting Non-Competitive Purchase Determination:

Check HERE if additional supporting documentation attached In accordance with Board of Regents Policy 6.2.1.16, Purchases Involving University Personnel, by signing below, you hereby affirm that you have no conflict of interest in the selection of this supplier, nor will you receive personal or financial benefit from this purchase.

Requestor’s Signature Requestor’s Name (Printed) Date

Funding Approver's Signature Funding Approver’s Name (Printed) Date

Submitted By (Procurement Services): Approved By:

Signature Date

Name (Printed): _________________________________ _____

Signature Date

Name (Printed): ______________________________________

STM Charters (MBB) $422,300

Bailey Worthy

Seth Dorsey

STM Charters is able to deliver Men's Basketball charter planes for multiple trips within the season that meet both the necessary Men's Basketball team schedule and pricing that Nebraska Athletics is wanting to move forward with.

09/09/2025 | 16:30 CDT

09/09/2025 | 16:31 CDT

Melody Stark

10/28/25 | 13:51 CDT

Doug Carlson

10/30/25 | 08:43 CDT

Certificate Of Completion Envelope Id: 4108F14F-3B5D-4F87-8E12-FDF4EE055607 Status: Completed

Subject: CW36766 - STM Charters (MBB)_UNL Athletics December 2025

Source Envelope:

Document Pages: 10 Signatures: 6 Envelope Originator:

Certificate Pages: 5 Initials: 0 Melody Stark

AutoNav: Enabled

EnvelopeId Stamping: Disabled

Time Zone: (UTC-08:00) Pacific Time (US & Canada)

1400 R Street

LINCOLN, NE 68588

melody.stark@nebraska.edu

IP Address: 34.71.29.60

Record Tracking Status: Original

10/8/2025 12:54:57 PM

Holder: Melody Stark melody.stark@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Kyle Condon kcondon@stmcharters.com

Account Executive

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address:

2600:1700:eec9:690:7061:d9a7:e488:5ec0

Sent: 10/8/2025 12:58:00 PM

Resent: 10/28/2025 10:43:27 AM

Viewed: 10/28/2025 1:44:28 PM

Signed: 10/28/2025 1:45:19 PM

Electronic Record and Signature Disclosure:

Accepted: 10/28/2025 1:44:28 PM ID:…