MBB 11_3_25.pdf

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CN NE|44564
Contract number
44564
Issued by
Nebraska

About this file

This document is an Athletic Event Agreement between the University of Nebraska-Lincoln (University of Nebraska) and the University of West Georgia (Visiting Team), executed on November 11, 2024. The agreement covers an intercollegiate men's basketball contest to be held at Pinnacle Bank Arena in Lincoln, Nebraska on Monday, November 3rd, 2025.

The contract specifies a cash guarantee of $115,000 to be paid to the Visiting Team, along with 50 complimentary tickets (36 behind the opponent's bench and 14 elsewhere in the arena). The University of West Georgia is required to send film of their prior 2025 exhibition games, scrimmages, or closed-door exhibition games to the University of Nebraska before November 2nd, 2025. The University of Nebraska will manage the event and pay associated expenses, including officials' fees. The agreement also includes provisions for potential cancellation, force majeure events, and COVID-19 protocol, with specific guidelines for game video usage and television broadcast rights governed by The Big Ten Conference.

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{00041782.DOCX; 4}

UNIVERSITY OF NEBRASKA – LINCOLN

ATHLETIC EVENT AGREEMENT

This Agreement, entered into on November 11, 2024, between the Board of Regents of the University of

Nebraska, a public body corporate, for and on behalf of the Department of Intercollegiate Athletics of the

University of Nebraska-Lincoln (“University of Nebraska”) and University of West Georgia (“Visiting

Team”) , individually or collectively referred to herein as “Party” or “Parties”, describes the arrangements for the intercollegiate athletic contest(s) between the Parties’ respective teams described herein.

1. CONTEST(S):

Sport: Men’s Basketball

Venue/City: Pinnacle Bank Arena / Lincoln, NE

Date/Time: Monday, November 3rd, 2025 / TBA

2. FINANCIAL AND OTHER CONSIDERATIONS (if not applicable please indicate “n/a”): In exchange for completion of the Contest(s), Visiting Team will be paid and/or provided the below Cash

Guarantee and Additional Considerations:

Cash Guarantee: $ 115,000

Additional Considerations: 50 complimentary tickets, with 36 of those behind the opponent’s bench and 14 elsewhere in the arena. University of West Georgia will be obligated to send film of prior 2025 exhibition games, scrimmages, or closed-door exhibition games to the University of Nebraska before

November 2nd, 2025.

3. OFFICIALS AND GAME EXPENSES: The University of Nebraska shall assume management of the event and pay the expenses thereof, including the official’s fees, but not including the expenses of Visiting

Team unless otherwise stated herein. Officials will be arranged by the University of Nebraska.

4. CANCELLATION, FORFEITURE, NON-APPEARANCE: The Parties agree that if a Party’s team cancels, forfeits or fails to appears for a contest, actual damages would be difficult to calculate, therefore, the Party whose team cancels, forfeits or fails to appear shall pay the other liquidated damages in the amount of $115,000, unless such cancellation, forfeiture or failure to appear is by mutual consent and confirmed in writing and executed by authorized representatives of both Parties, or is caused by conditions beyond the Party’s control (an “Event of Force Majeure”), including but not limited to Acts of God, including fire, flood or water damage; elements of nature, including blizzard, tornados, lightning storms, and adverse and inclement weather; outbreak, escalation or credible threat of hostilities, including war, riots or terrorism; labor disputes; contamination or destruction from any nuclear, chemical, or biological event; failures of facilities and/or essential services, including lighting and telecommunications systems;

directive of athletic conference or National Collegiate Athletic Association (“NCAA”) authority; state and local orders and directives; and reasonably anticipated or actual health emergencies including an outbreak of serious life-threatening contagious disease or health crisis, epidemic and pandemic.

A Party asserting an Event of Force Majeure hereunder (“Affected Party”) will give reasonable notice to the other Party of an Event of Force Majeure upon it being foreseen by, or becoming known to, the

Affected Party. There shall be no obligation by either Party to reschedule the athletic contest.

As of the signing of this Agreement, the COVID-19 pandemic is occurring. The Parties acknowledge and agree that the COVID-19 pandemic is an event beyond the reasonable control of the parties as are

Docusign Envelope ID: 8D391840-C717-4582-916C-4486CC37EFED

{00041782.DOCX; 4}

directives issued by governing bodies, including the NCAA, relating to the holding of competitions, conference scheduling requirements, travel restrictions and social distancing during the COVID-19 pandemic.

5. COVID-19 Protocol. The Parties agree to comply with the most updated NCAA recommendations for

COVID-19 Protocol (accessible at: https://www.ncaa.org/sport-science-institute/covid-19-coronavirus).

6. GOVERNANCE AND ELIGIBILITY: The said contest shall be played under the rules of the National

Collegiate Athletics Association. It is agreed that in the event the rules and regulations of the NCAA are amended, modified, or changed in any manner so as to make the terms of this Agreement to be in conflict with the subsequently changed rules or regulations, then the terms of this Agreement are to be considered amended so as the terms shall not be in conflict but in accord with such rules and regulations.

7. ENTIRE AGREEMENT: This is the entire Agreement of the Parties, and may contain handwritten amendments, which are only valid if initialed by an authorized representative of both Parties.

8. TELEVISION: The Visiting Team acknowledges and agrees that (a) all rights to telecast or distribute

(live or delayed, whole or condensed (including highlights), throughout the universe, in any and all markets, in any and all languages and via any and all forms of media and methods of distribution and distribution technology) the University of Nebraska home basketball games and certain games played at a neutral site have been assigned by the University of Nebraska to The Big Ten Conference, Inc. (“The

Big Ten”), which in turn has entered into agreements with certain third parties for the telecast or distribution of such games, (b) the University of Nebraska has no ability to grant to the Visiting Team any rights for the telecast or distribution of games played pursuant to this Agreement in which the

University of Nebraska is the home basketball team or of games played pursuant to this Agreement at certain neutral sites and (c) the Big Ten shall have the exclusive right to retain all revenues derived from the telecast or distribution of games played pursuant to this Agreement in which the University of

Nebraska is the home team. The University of Nebraska acknowledges and agrees that the Visiting Team shall have the exclusive right to enter into agreements with respect to the telecast or distribution of games played pursuant to this Agreement in which the Visiting Team is the home basketball team or of games played pursuant to this Agreement at certain neutral sites and to retain all revenues derived therefrom. Notwithstanding the foregoing, the respective rights, if any, of the University of Nebraska and the Visiting Team with respect to the telecast or distribution of games played pursuant to this

Agreement in which they are the visiting basketball team (and the revenues derived therefrom) shall be governed by a separate agreement between The Big Ten and the Visiting Team which separate agreement shall govern certain aspects of any basketball games played between the member institutions of The Big

Ten and the Visiting Team, provided, that in the absence of any such separate agreement, the terms of this Agreement shall control. The Visiting Team authorizes the University of Nebraska (and its conference) to use (and to authorize each entity effecting or facilitating the Contest’s broadcast to use) the trademarks and logos of the Visiting Team and the names and likenesses of the Visiting Team’s individual players, participants and coaches to promote and publicize such game and the participating teams and institutions, provided that such trademarks, logos, names and likenesses must not be used as an endorsement of any product or service or in any manner prohibited by applicable NCAA rules and regulations.

9. USE OF GAME VIDEO: The Visiting Team shall have the right to produce films and/or videotapes of the games played pursuant to this Agreement for coaching purposes and for use in a weekly coaches’ show only and for no other purpose. Such films and/or videotapes may not be replayed, used or otherwise distributed by the Visiting Team to any person other than the incorporation of up to eight minutes (8:00) of highlights of the game as part of a weekly coaches’ show and to its basketball team coaches and players. The University of Nebraska agrees to provide reasonable facilities for such cameras as may be reasonably required by the Visiting Team to produce such films and/or videotapes. Any other usage by the Visiting Team of footage of games played pursuant to this Agreement shall be governed by a separate agreement between The Big Ten and the Visiting Team.

Docusign Envelope ID: 8D391840-C717-4582-916C-4486CC37EFED

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