DEPARTMENT OF ATHLETICS UNIVERSITY OF NORTH DAKOTA Employment Contract for Kyle Schweigert ‘The parties agree as follows: 1 Position ‘The University of North Dakota (the “University”) agrees to employ Kyle Schweigert (the "Employee") as Head Football Coach (individually a “Party,” collectively the Parties”) under the terms and conditions set forth in this Employment Contract (the “Contract”), . Employee Responsibilities Employee agrees to accept employment under the following terms and conditions: 8) Employee shall devote full effort in faithfully and ditigently carrying out the duties of Head Football Coach in the Department of Athletics (the "Department"); b)_ Employee shall actively comply with and support all rules and regulations of the State Board of Higher Education (the “Board”), University, National Collegiate Athletic Association (the “NCAA”), and any intercollegiate athletic conference of which the University is a member; ©) Employee's employment and performance is subject to the policies, rules, and regulations of the Board, the institutional policies and rules of the University, the Constitution and Bylaws of the NCAA, and the constitution and bylaws of any intercollegiate athletic conference of which the University is a member. Employee will be held accountable and must abide by such policies, rules, and regulations and has a responsibility to report any violations of which he becomes aware to the Director of Athletics (the “Director”) or ditectly to the Department's Compliance Officer. Violation of such constitutions, bylaws, policies, rules, or regulations shall be subject to disciplinary or corrective action as may be appropriate, including suspension without pay, or termination of employment for significant or repetitive violations. Pursuant to NCAA rules, Employee will report annually to the Director all athletic related income and benefits from sources outside the University received during the previous year, Sources of such income include, but are not limited to: country club memberships; endorsement or consultation contracts with athletic shoe, apparel, or equipment manufacturers; speaking engagements; and any other such income as referenced in the NCAA manual, 4) Employce shall earry out all other Department dutics as assigned by the Direetor including, but not limited to, appearances on television, radio, Internet, mobile technology, and other forms of multi-media, fundraising, marketing, and community relations activities; and ©) Employee shall comply with all applicable laws of the United States and the State of North Dakota. . Duration This Contract shall be for a definite term, commencing on January 1, 2017 and ending on December 31, 2021 (the "End Date of the Contract"), unless terminated sooner in accordance with paragraphs 7, 8, 9, 10, or 11. Each "Contract Year" is defined as that twelve (12) month period commencing on January I, of a given year and continuing through December 31 of the same calendat yeat. This Contract does not grant a claim to tenure in employment or any years of employment attributable (o tenure within the University Compensation and Benefits Unless specifically excluded by law or this Contraet, all ‘compensation will be included in Employee's gross income. Employee's compensation andbenefits shall be as follows: 8) Base Salary Employee's effective base salary (annual) as on January 1, 2017 will be $185,000.00. In lieu of any salary increases set by either the North Dakota state legislature for state employees or the North Dakota State Board of Higher Education for employees of ‘the institutions within the North Dakota University System, the base shall be adjusted as follows over the term of this Contract: 1) Effective January 1, 2018, the annual base salary shall be $195,000; 2) Effective January 1, 2019, the annual base salary shall be $205,000; 3) Effective January 1, 2020, the annual base salary shall be $215,000; 4) Effective January 1, 2021, the annual base salary shall be $225,000. ‘The base salary does not include benefits, ‘The above salary includes compensation for all media, fundraising, marketing, community relations, and any additional activities on behalf of the Department, University, NCAA, and any football conference of which the University is a member as requested by the Director. Employce’s base salary is subject to furloughs, pay freezes, salary reductions, or other adjustments to the same extent they may be required of other employees in the Department during the term of this Contract; b) Employee Benefits Employee will receive all health, life, disability, and retirement benefits available to benefited exempt staff on the terms and conditions set forth in applicable University benefits plans, Benefits will be based upon Employee's base salary; ©) Bonus Compensation In addition to the compensation described above, Employee will be paid bonus compensation based on the following performance eriteria and fixed dollar amounts for each year the Contract is in place and Employee is Head Football Coach at the time the criteria is/are achieved. The following bonus provisions are cumulative: Performance Criter Amout Defeat an FBS team $7,500 Defeat an FCS team ranked in the top 15 at the end of the season (STATS ECS Top 25 or FCS Football Coaches Poll)(cumulative per win) $2,500 Conference regular season champion or co-champion, or otherwise qualifying as conference regular season champion or co-champion but for conference realignment restrictions $5,000 NCAA playoff appearance $5,000 NCAA playof win (cumulative per win through national semi-finals) $5,000 NCAA national championship appearance $10,000 NCAA national championship (only one national championship bonus awarded) $20,000 Conference Coach of the Year $2,000 Eadie Robinson Coach of the Year $5,000 Aimetican Football Coaches Association (AFCA), Associated Press FCS All-Americanq) ‘Team, STATS, LLC, or Walter Camp Football Championship Subdivision All-American 1st, 2nd or 3rd team (per student athlete selected; however, multiple awards for any one student athlete under this criterion are only counted once) $1,000 STATS, LLC Walter Payton Award (Offensive Player of the Year), Buck Buchanan Award (Defensive Player of the Year), or Jeny Rice Award (Freshman of the Year) (per student athlete selected) $1,000 Capital One Acaclemic All-Region team (per student athlete selected) $1,000 Capital One Academic All-American team (per student athlete selected) $1,000 ‘Team fall and spring semesters cumulative GPA of 3.0 or better $2,000 ‘Team Academic Progress Rate (APR) of 975 or above $3,000 The total due to Employee under this section 4(¢) for each Contract Year shall be limited to an amount equal to forty-five pereent (45%) of base salary for such Contract Year. Amounts eamed for team GPA and team APR shall nt be subject to this limitation, ‘The Department shall ensure ‘thatall payments due under this provision will be paid in fil by December 31st of each Contract Year, except any amount eamed for team GPA and team APR shall be paid within thirty (30) days of final determination of GPA and APR if later than December 31st of said Contract Year; Football Camps ‘The University agrees to provide the opportunity for the Employee to eam. supplemental compensation in relation to the operation of the University of North Dakota Football Camp ("Camp"). The supplemental compensation generated by the Camp is considered a variable component of total compensation, which is directly impacted by the reputation, success, and positive image of the Employee and the program. As has historically been the case with the University’s football camps, the Employee shall be solely responsible for Camp operation and management. This includes compliance with the then- current camp procedures as defined by the Athletics department. The camp procedures document will be updated on an annual basis with a copy provided to the Employee not later than January I* of each contract year. Camp procedures inelude but ate not limited to authority and responsibility for management and operational functions, financial obligations, accounting, reporting, compensation and fees. The Director shall, however, retain what control is necessary to ensure that the Camp is operated in strict adherence to all University, Department, and NCAA Constitution, Bylaws, Rules, and Regulations, ‘The Employee shall provide an accounting of Camp expenditures and revenues to the Director within sixty (60) days of the conclusion of each Camp in order to facifitate compliance with all University, Department, and NCAA rules and regulations relating to additional income as described in paragraph 6(4) below. Apparel, Gear, and Equipment Contracts In the course of Employce's official duties, Employce may be required to use apparel, gear, or equipment of the companies with which the University has contracted for athletic supplies. Further, such companies may ask Employee to endorse, consult, or provide other services for apparel, gear, or equipment companies. Any compensation for outside services provided by the Employee to the company shall be paid by such athletic appael, gear, and equipment from the company diteetly to the Employee. Employee's services to the company shall be separate from the services Employee will provide in the course of Employee's official duties. Employee's contract with the company shall be subject to the terms and conditions set forth in Paragraphs 5 ancl 6 below;f) Courtesy Automobile Subject to University policies, the Department and the University will je a courtesy automobile from a local dealership for the exclusive use of the Employee dating the term of this Contract. The University and Department will make reasonable efforts to accommodate Employee’s preference in the type of vehicle provided; 2) Review of Contract On or before December 1, 2019, Employee and his representatives and the University shall meet in good faith review the status of the football program and discuss modifications to the terms and an extension of the Contract. The consideration for this action is the commitment by the Parties for an additional period of performance beyond that of the existing Contract; h) Cell Phone Subject to University policies, University shall provide Employee with a cell phone anc pay the cell phone charges or provide a stipend as allowed per policy if Employee does not wish to carry 2 phones; i) Tickets. University shall provide Employee with (en (10) complimentary tiekets and two (2) 1g passes fo all home football games, four (4) complimentary tickets and two (2) parking pad passes to all home men’s and women’s basketball games, and four (4) complimentary and two (2) patking passes to all men's ice hockey games. The aforementioned complimentary tickets shail be subject to all applicable taxes; j) Assistant Coaches Salary Pool The University shall provide a poo! of funds to pay assistant football coaches. Assistant coach salary pool will be eligible for legislative mandated inereases as well as discretionary increases as mandated by the Director and based on. legislative action, Board policy, and University policies and procedures; and k) Scheduling It is the intent of the Parties to this Contract that, during each Contract Year, Employee shall be involved to the greatest extent possible in arranging each season’s game schedule for the football program and any rescheduling of games involving the football program. The Director or his designee shall have the final authority and responsibility with regard to the football program’s schedule after giving good faith duc consideration to the input of the Employes. Enaployee acknowledges that the scheduling of opponents must be approved by the Director prior to any commitments being extended and that all game contracts shall be issued by the Director or his designee. . Appearance and Consultation Employee acknowledges that participation in marketing, promotional, and business activities, which are designed to support, promote, encourage, and enhance the image of the University and the Department, are an integral component of this Contract. Provided, however, none of the marketing, promotional, and business activities referenced herein shall unreasonably interfere with Employee’s duties of Head Football Coach in any manner or respect. In accordance with such obligations, Employee agrees to the following terms: a) License to Use Personality Rights Employee will grant to the University the nonexclusive, royalty-free right to reasonably utilize Employee's personality rights, including Employee's name, voice, signature, photograph, or likeness, in conjunction with promoting University events, activities, or interests. This right specifically includes the nonexclusive right to utilize Employee's personality rights in the University's acknowledgement of third-party sponsors orvendors. All uses of the Employee's personality rights shall be subject to approval on a case~ by-case basis by Employee, which approval shall not be unreasonably withheld, Prior to utilizing Employee's personality rights, University shall furnish to Employee, for the approval of the Employee, University's intended use of Employee's name, voiee, signature, photograph, or likeness. Employee shall refain title and interest in his personality rights except as permitted by this Contract; ion, Radio, Online, and All Forms of Multi-Media Employee agrees to participate in reeurting and non-reeusring programming, Recurring programming will begin the week prior to the first game and end the week after the last regular season or post-season game, whichever is iter, Non-recunting programming may occur within or outside the time period designated for reeurring programming; ©) Endorsements and Sponsorships At the discretion of the Director, Employee agrees to be available for a minimum of six (6) corporate sponsorships per Contract Year as an official endorser, Employee shall not unreasonably deny the type of corporate sponsorship. In addition, Employee will participate in other media activity, including, but not limited to, video and audio web broadcasts, print, electronic media, and any other programming or publications that may be dovelopeds 4) Personal Appearances Employee agrees to participate, at the direction of the Director, as a speaker or otherwise attend events or functions that ate sponsored by the University, the UND Alumni Association, booster organizations, or any other entity that is designed to promote, encourage, and enhance the image of the University and/or the Department; and ©) North Dakota Foundation Fundraising Employee agrees to recognize the University of North Dakota Foundation (the "Foundation") as the exclusive fundraising arm of the University, Department, and individual sport programs and will work exclusively with the Foundation in any fundraising efforts on behalf of the Football program, In connection with fundraising activities, Employee shail participate, subject to Employee's availability, with the Foundation Development staff to meet with prospective donors and a ng donor agreements for the benefit of the Football program, All fundraising activities will be coordinated through and approved by the Foundation. Reasonable and necessary expenses incurred by Employee will be reimbursed by the Foundation in accordance with this provision, Such expenses shall be approved in advance by the Director and subject to University and Foundation policies and procedures. . Collateral Opportunities The parties acknowledge the existence of collateral opportunities that ‘may result in additional income to Employee, stich as personal serviee agreements and licensing agreements for supplemental income. The University shall make best efforts to communicate all marketing opportunities that shall affect Empioyee's potential additional compensation, The University, at the discretion of the Director, which shall not be unreasonably withheld, shall allow ‘the Employee to enter into licensing agreements for the marketing and sale of certain licensed products that bear the name, likeness, photograph, or signature of the Employee. Said products shall be controlled by an agreement and any income referenced in this paragraph shail be subject to the terms and conditions outlined in this section, Any license agreement entered into by the Employee shall not be in conflict with any agreement entered into by the University, nor shall it rrequite the performance or use of products by the University. Additional ineome fo Employee issubject to the limitations on compensation and remuneration as stipulated in Article 11.3 of the NCAA Division 1 Operating Bylaws. The following terms and conditions shall apply to Employee's collateral opportunities: a) University Obligations Ate Primary. Such outside activities shall not interfere with the full and complete performance by Employee of his duties and obligations as a University employee, recognizing always that Employee's primary obligations lie with the University and its students; b) NCAA Rules, Stale Law, Board Policy, And University Policy Shall Be Followed In no event shall Employee accept or receive ditectly or indirectly any monies, benefits, or any other gratuity ‘whatsoever from any person, corporation, University booster club or alumni association, or other benefactor, or engage in any other action, if such action would violate the rules and regulations or interpretations thereof of the Board, University, NCAA, any football conference of which the University is a member, or any other established bodies, or any state law or University policy on outside compensation or conflict of interest, as now or hereafter enacted; ©) Prior Written Approval Employee must obtain written approval from the Director, which shall not be unreasonably withheld, for all athletically related income and benefits from sources outside the University, including but not limited to: ineome from annuities; sports camps; housing benefits; television, radio, online, and all forms of multi-media programs; licensing and marketing opportunities; and endorsement or consultation contracts with athletic apparel or equipment manufacturers or distributors. Prior written approval from the President may be required for certain kinds of non-athletically related income under state law; 4) Annual Reporting Requirement As set out in Article 11.2.2 of the NCAA Division 1 Operating Bylaws, Employee is required to provide a written detailed account annually to the Director for all athletically related income and benefits from sources outside the institution. In addition, the approval of all athletically related income anc benefits shal! be consistent with the University’s policy related to outside income and benefits applicable to all full time or part time employees; Employee may not be identified in any commercial advertisement as an employee of the University, and Employee's position or title may not be used as an identifier in such advertisement, other than a generic reference, without the prior written consent of the University, In addition, Employee may not use or be pictured in identifiable University facilities in commercial advertisements without the prior written consent of the University, which shall not be unreasonably withheld. Any outside aetivities undertaken shall be in conformance with state and University policies and regulations including the University's policy on outside compensation; and £) University Is Not Liable During the term of this Contract, the University is responsible to ‘compensate the Employee only for the base salary identified in paragraph 4(a), the employee benefits under paragraph 4(b), and the bonus compensation under 4(c). Under no circumstances is, or shall, the University be responsible or legally liable for the existence, availability, continuation, alteration, compensation, or termination of any collateral opportunities. ‘Termination for Non-Appropriation The University may terminate this Contract at no cost to University, effective upon delivery of ninety (90) days advance written notice to the F9. at such Jater date as may be stated in the notice, if funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for the payments to be made through this Contract, Any such termination of this Contract shall be without prejudice to any compensation obligations or liabilities of either party already accrued prior to such termination. Any such compensation, obligations, or liabilities shall be fulfilled within sixty (60) days after such termination. Allematively, this Contract may be modified by agreement of the patties, in writing, to accommodate a reduction in funding. ‘ermination or Suspension By University With Cause University shall have the right to terminate this Contract, or suspend Employee with or without pay for a period to be determined at the discretion of University, for just cause at any time prior to its normal expiration, The term "just cause" shall include any of the following: a) Violation by Employee of any of the materia! provisions of this Contract not corrected by Employee within ten (10) days following receipt of written notification of such violation from b) Refusal or unwillingness by Employee to perform his/her duties hereunder in good faith; ©) Any serious act of misconduct by Employee, including but not limited to, an act of dishonesty, theft, or misappropriation of University property, moral turpitude, insubordination, or acts injuring, abusing, or endangering others; 4) A deliberate or serious material violation of any law, rule, regulation, constitutional provision, by-law, or interpretation thereof of the University, the Board, the State of North Dakota, the NCAA, or any football conference that University is a member when such material violation may, in the sole discretion of the University, reflect adversely upon the University or its athletic program in a material way; or ©) Any discontinuance of the Football program or Department after giving Employee thirty (30) days advance written notice, and any such termination of this Contract shall be without prejudice to any compensation, obligations, or liabilities to either party already acerued prior to such termination, and any such compensation, obligations, or liabilities shall be fulfilled within sixty (60) days after such termination becoming effective. Jn the event ofa termination or suspension for cause, the Director shall follow the termi suspension procedures set out in section 25 of the North Dakota University System Human Resource Policy Manual ("Manual") and Employee shall have the appeal rights set out in section 27 of the Manual, Termination for Disability or Death In the event Employee dies, or becomes disabled to the ‘extent that, in the judgment of the Director, Employee cannot satisfactorily perform the essential functions of Head Football Coach for a period of ninety (90) consecutive days or one hundred (wenty (120) days in a calendar year, this Contract shall terminate and all obligations of the University to compensate Employee pursuant to this Contract shall cease as of the date of such death or disability. However, the University shall be obligated to compensate Employee or Employee's estate in accordance with this Contract for services performed and compensation, obligations, ot liabilities accrued prior to the termination date and, in the event of disability ordeath, Employee or Employee's estate shall be entitled to any payments applicable under any University sponsored group or individual employee life insurance or disability insurance plan in which Employee is enrolled, 10, ‘Termination By University Without Cause In the event Employee is terminated by the University prior to the End Date of the Contract, other than Termination for Non-Appropriation, Termination ‘With Cause, ot Termination for Disability or Death, the University shall pay to Employee, in lieu of any and all other legal remedies or equitable relief, the sum of the following amounts (base salary is as provided in paragraph 4(a): a) One hundred percent (100%) of base salary for the twelve (12) months following the date of termination, or for the period remaining between the date of termination and the End Date of the Contract, whichever period is shorter; b) Seventy-five percent (75%) of base salary for the thirteenth (13th) through twenty-fourth. (24th) months following the date of termination, or for the period remaining, if any, between the thirteenth (13th) month following termination and the End Date of the Contract, whichever period is shorter; ©) Fifty percent (50%) of base salary for the twenty-fifth (25th) through sixtieth (60th) months following the date of termination, or for the period remaining, if any, between the twenty-fifth (25th) month following termination and the End Date of the Contract, whichever period is shorter. Employce shall not be entitled to any employee benefits as defined in section 4(b) above, Payment of the total amount due shall be made by the University in equal semi-monthly installments over a period equal to the remaining term (prior to termination) of the Contract, and beginning one (1) month after termination, Amounts owed by the University shall be reduced by total compensation eamed by Employee during the remaining term of the Contact from any athletically-related employment following termination, In the event Employee obtains athletically-related employment for which the base salary excceds the amounts to be paid under paragraphs 10(a) or 10(b) above, the University’s duty to make any payments under this section 10 terminates, ‘The parties recognize that a termination of this Contraet by the University prior to the End Date of the Contract will cause Employee to lose certain benefits, supplemental compensation, or outside compensation relating (o his/her employment at the University, which damages are difficult to determine with certainty. Similarly, the parties recognize that Employee has the duty to use reasonable efforts to obtain other employment in mitigation of any damages he may sustain by virtue of the termination of this Contract and to mitigate any payments the University ‘would be required to make under this section 10, Accordingly, the parties agree to this liquidated damages provision, and agree that the liquidated damages provided for herein are in lieu of, and University shall not be liable for, any University benefits or any collateral business opportunities or other benefits associated with Employee's position. Employee further understands and agrees that the liquidated damages provided for herein adequately compensate Employee for all property and other rights and interests he may have in this Contract; and further agrees that he is not entitled to any hearing of any kind prior fo being removed from his position, or post-removal fromhis position, under this parageaph, 11. Termination By Employee In the event Employee voluntarily terminates the Contract prior to the End Date of the Contract, Employee shall be entitled to no further payments of base salary as specified under paragraph 4(a) or employee benefits under paragraph 4(b) following the date of Voluntary termination. In the event that Employee has earned bonus compensation specified in paragraph 4(c) above as of the date of termination by Employee and those amounts have not yet been paid as of the date of termination, the Employee shall be entitled to receive all bonuses eared and yet unpaid within thirty (30) days of the final determination of such bonus amounts. In the event Employee accepts a coaching position at any other NCAA institution, national team, or professional team during the remaining term of this Contract, Employee shall be required to compensate University in the amount of one hundred thousand dollars ($100,000). Any amount owed by Employee to University shall be paid in full no later than thirty (30) days following acceptance of another position. 12. NCAA Violations Without limitation upon any right or remedy of the University in the event Employee breaches this Contract, i is specifically agteed that if the Employee is found to be involved in deliberate or serious material violations of NCAA rules and regulations, the Employee shall be subjeet to diseiplinary or corrective action as set forth in the Article 11.2.1 of the NCAA Division 1 Operating Bylaws. As set out in Article 11.1.2.1, itis the responsibility of the head coach {o promote an atmosphere for compliance within the program supervised by the coach and to monitor the activities regarding the compliance of all assistant coaches and other administrators involved with the program who report directly or indirectly to the coach, If the Employee is found to have been involved in deliberate or serious mat: lations of the rules or regulations of the NCAA or any football conference of which the University is a member, the University may take one or more of the following actions that it deems appropriate: (a) termination of employment in accordance with paragraph 8; or (b) in accordance with University policies and procedures or paragraph 8, suspension ‘with or without pay for such period of time as the University shall determine, ar (¢) other corrective action. 13, University Approval Prior to Negotiation With Other Entities ‘The parties agree that should another employment opportunity be presented to Employee, or should Employee be interested in another position during the term of the Contract, Employee must notify the Ditector of such opportunity or interest before any discussion can be held by the Employee with the anticipated position prineipals or representatives. 14, Severability: IFany term or provision of this Contract is declared by a court having jurisdiction to be illegal or unenforceable, the validity of the remaining terms or provisions shall not be affected and the rights and obligations of the Patties are to be construed and enforced as if the Contract did not contain that term or provision. 15. Applicable Law This Contract is govemned by and will be construed according to the laws of the State of North Dakota. The Northeast Central Judicial District Court shall be the venue of any dispute. 16. Modification This Contract may not be waived, altered, modified, supplemented, or amended in any ‘manner, exeept by written agreement signed by both Parties his Contract constitutes the entire agreement between the Parties and there are nounderstandings, agreements, or representations, oral or written, not specified within this Contract. 18, Waiver Ifeither Party fails to enforce any provision of this Contract, that failure does not waive the provision or the Party's right (0 enforce it. 19. Headings This Contracts paragraph headings are for quick reference and convenience onily and do not alter, amend or otherwise affect the terms and conditions set out herein, IN WITNESS WHEREOF the pasties have caused this Contract to be duly executed intending to be bound thereby. EMPLOYEE UNIVERSITY OF NORTH DAKOTA i =. Bye dancers (S> pe CO Kyle Schweigert Brian Faison Director of Athletics Date:_12/ 901 IG Datey_ (2/20/16 10