NORTH DAKOTA STATE UNIVERSITY HEAD COACH CONTRACT “This Agreement, made by and between Noth Dakota State University of Agsicluce and Applied ‘Science ("NDSU" or "Universiy"), and Matthew Entz Coach") is entered into effective the 6th day of January 2019 (lhe “Etective Date’), for dhe parposes of rsaining the services of Conch forthe following ‘varity team, Footbal, NOW THEREFORE, in considention of the motual covenants and conditions hercin contsned, [DSU and the Cotch enter ine this Employment Agreement a follows 10 Bastion, ‘The ude of your postion i Head Football Coach 20 Compensation. 21 Saluy. Your anmoal salary ie $300,000 (pas all customary Universiy finge benefits induing, but so limited t, health insurance, eerement, et) which willbe pad to you in ‘regular month payments subject to deductions as provided by lav. You wl receive snaual ‘odicaions of sly increases contingent on stisictory performance eeahntion effective July 1 of each contact year 22 Performance Bonus, The following levee of compensation shall be paid to Coach for conference, on sd satioal championships Eight Wins ina Regula Season 37.500 ‘Missote Valley Conference Championship (Outight or ved) $10,000 ‘Chamionship Tournament Home Game 5 4.000/exeh (Charnionship Tourmament Away Game 5 2:500/each NCAA Championship Game (Lost) $10,000 NCAA Championship Game (Wi) 515,000 Cones assist, excluding graduate asst, shall be psd $1,500 for Fight Wine in a regula season, $1,750 foreach NCAA Championship home plaofF game, an $1,000 For tach NCAA Caampionship away plajofF gue, $1,780 foreach FCS Championship game loss and $2.25) for each CPS Championship game win. All such payment aze subj to payall dededons ax provided by aw ‘The sums outned in pargeaph 22 shal be pad to Conch oe Coach assistants within thigy (20) days felloving receipt of NDSU of its share of NCAA compensation, provi, bo, ‘hat Couch wares al ight to rcrve all scented homes if Coach terminates this Agseement ‘pursuant to Seton [12 proc to the footal team’ et ge (eglar or poet season) of the then-current sdhedale. ach assiant coach wives his/her night to receive all acerca hhonutes ifthe asistant coach terminates his/her employment pric t the Footbal team’s Inet game count or post-seaton) ofthe then-curen ached, 23 Pensomal Appeatince Fee. Cosch sll receive an annual fe of $2500 for being avaiable to speak at sn asociaion and foundation event ding the year. The aimoust sll be ‘aid in lamp sam by December 31 ofeach year with the exception of the lst year which Shall be pila of Jansaty 15,2024. Al payments chal be subject to payeoll deductions ae provided by law 24 Mada Appeasince Fee At the dicreon ofthe Atlee Diretor, Cotch maybe assigned to appetr on television and/or radio broadcasts dedicated to the promotion of the30 40 Universi sports as may be developed. Curtent appearances include the wee television coaches show, + weekly long format for ido eal in show (approximately 40 mites) and Sevenl short form rao interview shows which do not include ealne duting the entire seison, ‘The anount of media compensation for Coach daring the term of the Agreement Stull be estabshed ia the University's indidual media contracts atthe Univer’ tle Alscretion, The Univesity shall pay Coach the stil arsount of any media compensation | Jn lamp sum by December 31 of ech coatet yeas with dhe exception ofthe last contract year which sil be aid by Janay 15, 2024 "All payments shall be subject t payroll, ‘Seductions a provided by law. Coach sal receive $30,000 asa medi appearance fee for the fst contnet yea of January 1, 2019 thzough Jasuny 15,2020. The media appearance tee shall mereme By $5,000 each Subsequent contact yea. in the even dis Agreement is terminated or mepires dung a contact year the payment for such contact yee shall be promted, une this Agreement ix terminated by the Univesity without eause or by Coach foe good rent (ax each ir defined below), which cate the payment forthe ene contact yeas be dt a payable eo Coach within thy (90) days of sch temiaton 25. Addiional Compensation, Ax addtional compensation, the Univesgy will provide to Coach use of a automobile (ebjec to avaaiy) purevant to the user oblixton Ge. taxes, automolile maiatenanee, personal asto inmurane). Such compensation wil cease ‘pom temminainn of employment 3A Conching ‘Tem, The term ofthis Agseement shal befor a peiod of five (5) yeas begining January 1 2019 and ending January 15,2024, unless tis Agreement is sooner teninted ‘pussuat to the tem and conltone contained hercn (fue “Tea” Tis employment in no ‘way pate a ach a elim to tenue in employment or any yatsatibuable to tenure, (Coach's coateas at NDSU are exempt from NDSU Policy 183, Nontenewl and Demis fof Noncsifed, Nonaadenic Sif Benuse this contract extends beyond the osrrent biennium, ics subject to sufficient legislative spopitons and Runding. Inthe event there is nt sfficien:egilatve appropriations ot funding, Coach tall be permite to terminate this Agseemens upon witten notice (and without any obligation to pay the University the ligated damages descibed below, or any othe dainages). Pesiodic Evaluations. Coach shall be celuated with respect to « combination of athletic performance of the tam, academic performance of tesm members, intepity, leadership, postive eprestataion of NDSU, the Alec Department and thee shletic program, compliance wih ules snd regulaions of NESU, the National Collegiate Athlee Association (NCAA), the Miseout Valley Football Confeence ((MVFC" and other aplcable organizations which afeee Coach athlete peogea, 41 "The Coach shal be responsible forthe following subject to the directive, input and advice ofthe Athlete Director ‘+ Coachshal be sesponsible for plansing, supervision, and coordination ofl aspects ofthe Football Progra, ‘+ Coach be assigned a budget bythe Athletic Director for sl program andi responsible to maintin and eperste the program in a rcaly snd manne50 60 10 *Conchacknowledges and apres that the student-athlete should be integrated into the academic envizonmen, hat academic socees is parmount, ad tha prado {sth pimary gol for staden-athletes © Coachacknowledges that sudentathletes ate abject all poici, ules and regulations governing all students ofthe University, and shall make diigent efforts inseskng to create an environment which student-athletes eepect and aide by such les snd regulon: ogra 1+ Coachshal he eespnaile forthe asgoment af dl petfoonance ofthe assistant coaches aged to the Food ‘+ Coach prtcipae in some or ll ofthe folowing ax requested bythe Univeesiy and Athletes: Fuad rasa actives: Social acts for boosters; Booster po toursaments: [edin oblgntions(4e §24 & 11.03, DSU summer camps ‘+ Coach wil accep oer duties consistent with the poston of Head Football Conch sas maybe asigned bythe Decor of Athletics or University resident, 1+ The University agrees that t may not assign Coach to any other postion cutie of Had Football Coach of the University intercallegatefootal tm. Coach apres t diligently sek to comply with applicable Ins, polices, ‘ules and regulations goveming the University and is employees andthe nes and repuations ofthe Athletic Deparment, the NCAA, and MVFC and an other oanization with which the Univer is locbecomes associated which affects the athletic progr, Coach shall dileny sek to promote morphere of compliance within the football program. Pumuant to NCAA Bylaw 11.21, i Coach found to be in violation of NCAA, ‘ues and epulations, wether while employed bythe University or ding prior employment at ‘nother NCAA mere: inssiution, Coach shal be subjet to dsipiary oe corective action a st foxth in the provisions ofthe NCAA infractions proces, including suspension withoot pay ot termination of employment for gaia or septitve visltions Couch is cequted to annwaly submit = ‘woiten request othe Director of Alhletcs fr prior written approval (which approval shall not be ‘unreasonably withheld delayed, or conditioned) foe all thesia celated income and benefit from “Sources outside the insittion, he Coach ss ried to report sonal al athe seated coe tnd benefits from sources outside NDSU. The report shall be inade in -weting in «form 8 ‘etezmined by the Dict oF Athletes and shall be made avalible tothe Office of the President ‘upon request Sources of such income shal inci, but are not limited tor extemal spent camp sand clinics; county cad memberships; tevsion and radio programs; endorsement or conelation| contracts With alee shoe, apparel oe housing benefits; complimentary ticket sles, nd any other ‘such income as requeed by the Univesity including, sources specify efecenced in the NCAA, ranval Athletics department staff members shall not, diecly or by impleation (or example, -wentng clothes with the NDSU logs or colors in anadvetisement would be an implied endorsement and would require approra, use the instittin’s name ot logo in the endorsement of commercial90 10 120. 130 product: or serces for personal gin withoot prior writen approval from the dnsttion's Directo) of Athletics Camps, The Coach wll have the oppostunity to use the University flies in coanection with [DSU athletic campe pursuant toa separate, wsten aprectent with the University. ‘The Univesity has the exclusive ight operste its camps on its facies, Operation of these camps is subject rules of the University and any compensation therefore icin adtion to previous compensation provided fr by this Areemeat. NDSU andthe Coach shal enter into an agreement forthe Coach's hare ofthe net income from such campe, bt these provisions may way from ime eo time. Coach ‘hall ot be asthoried to operte any other camp other than Univecsty camps unless specially fppeoved in wang by the Dizetor of Atlee Tn the abrence of «separate, wien agreement between the Panes, Coach shall receive a minimum guarante of $5,000 for operating summer camp. ‘Reus of Equipment snd Peruse. AU! materi of ates of information, including, without limittion, pesonne record, equipment, coaching appar provided by NDSU, eect recom, team ifoemation, fms, stasis Hf ay, snd any computer, ell phones, and PDA, or any other ‘mates or dita, furnished to of created bythe Coach on bebal of the Univesity fr Coachs use ‘otherwise in connecten with the Coach's employment hereunder ate and shall remain the sole property of NDSU. Furheemore, all peruisites andthe right thereto, such as courtesy cars, credit ‘ar andthe lke ae not the propentyof the Coach bat are that of the Univesiy. Upon expsntion ‘of the tem ofthis Agrement oft enter termination ax provided herein, the Conch shall crate any ‘uch items, material, o articles of information in * Coach's posession or under Coach's contol 0 ‘be delivered to NDSU searing to a mataly agreed upon schedsle ‘Quside Employment. Any outside employment, consulting or endorsement sctvites must receive prior wien approval fom the Disector of Aletcs; such approval shall not be unzesonably ‘withheld, delayed, of condoned. Further, such employment, consulting and/or endorsement may ‘not conflict withthe efective conduct of the sid NDSU sport, violate University and/or alee policies, and may not present the athlete progr, the Univesity or coach in a way that adversely fects the reputation othe program, University othe conch, Public Appsatances/ Pali Speches. The Coach may make and gran public appearances and publi speeches, media terviews and participate in her medi etre in conjunction with higher postion of Heal Conch Plc we by Coach of fms, videos or photograph ofthe sid [NDSU sport inludiagpeactcs snd compettions, must recive appeova rom the Dtetoe of Aleit the extent he Athletics Department has owner ‘Use of Fuses. Coach shall have exchsvepsisty to achedale football acvises at Dakots Pctice Paclty and Gate City Bak Practice Fact prio use by othee NDSU athlete teams. “Texmination/Suspension 131 Tenminaton by NDSU_ NDBSU shall have the right o terminate this Agreement without further obligation to Coach, fr "ust aus,” which shall mea, () Condit oF Coach constatng sa NCAA Level ition ofan NCAA Level I volaton, (materi, significant or repetitive iolitioas of beach of any governing Departmental rule oe Univesity pobis/sepuations (provided Conch ss given writen notice thereof and subsequent fal to cure the ame ‘within 15 day, uals such violation is incapable of eure) (2 Coach being Formaly charged with the commision of a felony that is nt hamised oe rece within 15 days; ead oe ddshonesty of Conchin the preparation, fsiiean, submission or alteration of documents oF records of NDSU, the NCAA or an athlete conference, or (=) commission of any misconduct‘hat both (wots widely eld social values and morals; AND sls (i) mately res the comme value of Coach’ allege football coaching service. Beene conches ae exempt from [DSU Policy 183, NDSU ca teniate this Agreement daring the term "without exe” by paying Conch the po-rita groe salty, inludng the exened achieved or acre portion of the fees set forth in Secon 22,23, 24, snd 80 (even if the payment date for such aroun has not yet occurred) but nt including sny bonuses tuned by dhe team afer the efecive date of ‘ermiation pursan to Sections 22, les FICA and income ex dedictons, fo the eemunder of the Tenm, pis the sie of heath insurance and retirement payments tht would have bee pi bby NDSU dlrng the Tenn if't nary expired and Coach fully performed hereunder, ‘The eum ‘ved t9 Conch wl hepa by NDSU in equal quately payments ave the balance of the ‘Contract ern. The Secon 13.1 subject however tothe following (@) Upon Couc’s sbsning new eamployment as an NCAA head coach of NCAA of NEL. sssistat football coach, NDSU's oigation to pay Coach set forth in his Section 131 Sal be reduce! by an amoun equal Coach's new compensation recived daring the ‘Ter (sift uel eapzed) 20m any auch position. If Coach abain such new ‘mployment ard his total quartet compensation equals or exceds then-current quarenty mount de fram NDSU then NDSUs obligations under this Agreement shall cease with respect to such quater 132 Tenninaon by Coach. If coch terminates this Agreement for ay reo (Coach shall not be ented to resive any further compensation of benefits under this Agreanent (except for payments which were duc of had been earned, achieved, of scerued por othe elective date of termination [inloding amounts dead in Seton 22, wellas prosata amounts ofthe compensation dtd in Sections 2:3 and 2. © Ik sithin 90 aye OF reigaton, Coach acepte head coaching assignment for another NCAA football progr, Conch shall ese his new employer to pay to NDSU an amount detemined by the date of the "esigntion. Ifthe resigoton and aeceptance of sach new postion occuts pio to the Footbal team's al game of the 202 searon (which may inde postseason games) in January 2101), then the amount owed by sveh new employer to NDSU shall el (Coach's dhun-curene annual salary excluding all fees and bonus F the resignation ‘curs afer such date, bu pior tothe football tam’ Gal game ofthe 2023 season {which may include postccaton game) in January 202, thea the amount owed by such ‘sew employer to NDSU shall equal $13,000. This obligation shal be inapplicable ithe ‘xpintion of the 90-day period above is beyond the Term (4 iit natural, expired). The payments described inthis Section 13.100) ae the Universi’ sole and exclusive Ey in vent Conch eine his Apement wt pod eo a deed (© To the extent any such payment by Coach's new employer oe other tind party i ‘made to Universi, then tothe extent permite by applicable lw it shall be considered for all puposes as consideration paid by the new employer ot other thin! party to Universiy forthe ght to hire Conch of otherwive engage Coach for service to be rendered, Ifthe new employer or other pat tely pays the applicable amount in all ‘when due to University, nether Coach nor any such new employer shall have ay Fuctherobfgtion to University under this Section 13.2. In the event Univesity does sot eecivethe applicable amount in fall when dc a described in this Sec 132, then40 150 160 180 Coach shal be deemed in breach of this Agreements and Univesity shall have all emedics ainst Coach avaable under applicable law, including the fight to recover amages foe Coach for such breach. In such case the pater agree that University’s reeoverble monetary damages sball be no lee thin dhe applicable amount that Univeesiy as ented to receive fran Coach under Section 132. (@ Conch shall not, for # pesiod of one (1) year after such termination by Coach, contactor otherwise ccc 10 recut any high school athlete previously contacted or reensted by NDSU, unles @) such athlete had been weemited or contacted by the Coxch’s new employing insitation prior to the sodce of teaination by Couch to DSU, or i sch recruit intintes the request tobe recruited by Coach at Cones new employing nsintion. Coach shall nt instructor request that anyother peeson perform ‘et whi Couch would be probit fom performing under this econ, © 1 Coad dis, becomes touly or permaneny dsbled, demonstrated by a nailty to pesfor the eset functions of the job for «period in exces of 180 consecutive day, then tis Agresment shall emiate and all obligations of NDSU to compensate Conch parwat tis Agreement sal ease at ofthe date of Death or auch permanent sdeabilty. NDSU shall be obligated to compensate foe services permed poe tothe thate of death or permanent cisbility, and Coach's estate shall be caided to those benefits, if any, that are payable under University policy cluding all payments due, cared, achieved, or acered prior tthe effective dnt of termination (ncoding ‘mounts dialed in Seevon 22, as well as provi amounts of the compenstion Aetled in Secon 2.3 and 24) (© Coach shall be pernited to terminate thin Agreement in the event the Univescy rmatrally breaches this Agreement and fb to eure such mate beach for pesiod of 15 days folowing the Universi’ recip of wsiten notice thereof frm or on behalf of ‘Conch, In nich an event Coach shall be freely permited to acept any other ‘employmest and the obligations contained in Section 13.2(0) and (9 sll be waved by the Univenigy and shall become nol and void. Any sich termination shall be ia ‘alin to any and all other rights and remedies avilable to Conch, both in I ain cei. Any amendments 0 this Agreement shall bein writing and shall be ‘exec bythe same pstis tothe Agreement or thei successor in office, [Nonassgnment. ‘This sgeement shal be binding upon and sal inure to the Benet ofthe Pari snd their espective hin, legal reptesenttives,succenors ot assigns, No portion ofthis Agreement Shall be assigned without the prior weten content of the other Paty Scparailty. If any provision contained herein shal be deemed oe dct unenforceable, vad ‘old by 2 cour ofl, he sae shall not pai any ofthe other provision contained hein, which shall be enforced in secrdance with thei respective terms [Nonsaive of Default. No waiver by the Panes hereto of any deal ot bresch of any covenant, teem or condition of th Agreement sal be desmed tobe a waiver of anyother default or breach of ‘the same oe anyother covenant, em of condition contained thera, Applicable Law. This Agreement shall be governed by the laws ofthe State of Nowth Dakots and any constrtion oinerprettion thereof190 Borce Majuce. Ifany ofthe obligations of any ofthe pats is hindered or prevented in whole orn ‘slstania par, because ofa Force Majeure Event, he same sal ot be deemed tobe a breach of this Agreement, and al oter obligations ofthe pares shall continoe, A “Force Majeure Event” shall mean eau beyod the contol of the pares inching, but ot United to: an Act of God, inevitable accident, fs, ders or daily, bor dispute, ot oF il commotion, act of pie enemy, act of toe an/or terorian, governmental at, sepultion of rule flute of techni! fries, ational day of mourning, emergency announcement or news bullet, nb to obtain supplies delays in tansportaion, ebargr, nes, or other reason beyond the contol ofthe partes that is genenly regard as force majeure” Delays non-peformance excised by this provision shall not excuse perfomance of any ote obigaion which i oustanding the tne of occurence Novwithstandnganythng to the comtry contained ete, the provisions of this Seton 19.0 are ‘ot meant to limit or entice the University’ ght to texminte this Agreement pursuant to Seton 1320. 20. nggrted Document. This Agreement intended bythe Partie a a nal and binding expression of ‘heir contact and agement This Agreement supersedes and revokes all priot nepottons, sepreenations and agieements, whether orl of writen, teltng to the subject mater hereof Any ‘mendment hereto mua bein wet, IN WETNESS WHEREOF, the undersigned have caused this contact of employment 19 be ‘executed and effective as ofthe date fit shown above. ‘Nanthew Larsen Director of Athletics AL his: Dean I Brescni President [Me Remainder of This Page I Intentionally Blak)