Tang Jerome - 2023 MBB HC Employment Agreement FINAL

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K-STATE ATHLETICS, INCORPORATED

HEAD MEN’S BASKETBALL COACH


EMPLOYMENT AGREEMENT

This Employment Agreement (“Agreement”) is made and entered into between Jerome Tang (“Coach”) and K-
State Athletics, Incorporated (“KSA”), a Kansas non-profit corporation created and existing to operate the
intercollegiate athletics program of Kansas State University (“University”). KSA desires to employ Coach, and
Coach desires to accept such employment, on the terms and conditions and for the specific benefits set forth in this
Agreement. In consideration of the mutual benefits, covenants, and conditions contained in this Agreement, Coach
and KSA (individually each a “Party” and, together, the “Parties”) agree as follows:

Article 1
Position

1.1. Position. Coach will serve as Head Coach (“Head Coach”) of the University’s Men’s Basketball Team
(“Team”) during the Term of this Agreement.

1.2. Supervision. Coach will report to the University’s Director of Athletics/KSA Chairman and CEO
(“Athletics Director”), or their designee, who will determine Coach’s duties in addition to those set forth in
this Agreement.

Article 2
Term, Compensation, and Benefits

2.1. Term. Subject to the other terms of this Agreement, the Term of this Agreement shall begin on September
25, 2023 (the “Effective Date”), and end on April 30, 2030, subject to termination or extension in
accordance with the provisions set forth in this Agreement. (such period collectively referred to as the
“Term”). As used in this Agreement, the term “Contract Year” means the twelve-month period commencing
each May 1 and ending the following April 30. Each such Contract Year is designated by the calendar
years in which it begins and ends.

2.2. Salary. As compensation for the services performed under this Agreement, Coach shall be paid an annual
base salary (“Base Salary”) as follows:

2023-2024 Contract Year: $3,000,000 (Three Million Dollars)


2024-2025 Contract Year: $3,100,000 (Three Million One Hundred Thousand Dollars)
2025-2026 Contract Year: $3,200,000 (Three Million Two Hundred Thousand Dollars)
2026-2027 Contract Year: $3,300,000 (Three Million Three Hundred Thousand Dollars)
2027-2028 Contract Year: $3,400,000 (Three Million Four Hundred Thousand Dollars)
2028-2029 Contract Year: $3,500,000 (Three Million Five Hundred Thousand Dollars)
2029-2030 Contract Year: $3,600,000 (Three Million Six Hundred Thousand Dollars)

For the partial Contract Year beginning on the Effective Date and continuing until the commencement of
the 2024-2025 Contract Year, Coach shall be paid a prorated Base Salary calculated using Coach’s 2023-
2024 Contract Year Base Salary.

2.3. Bonuses. Subject to the other terms of this Agreement, as a bonus to supplement Coach’s compensation,
KSA agrees to pay Coach the following sum(s) upon attainment of the following-described goals; provided,
however, to be eligible for any of the following-described bonuses, Coach must complete the Team’s season
(including all postseason competition, if applicable) as the Team’s Head Coach. Further, Coach shall not
be eligible to receive any of the following-described bonuses for any season in which the Team is ineligible
for postseason competition.

Tang, Jerome – 2023 Employment Agreement Page 1 of 11


a. Coach shall receive one of the following sums upon attainment of the highest specified Team goal met
that Contract Year (sums are not cumulative).

i. 20-25 Total Wins: $15,000


ii. 25+ Total Wins: $25,000

b. Coach shall receive one of the following sums upon attainment of the highest specified Team goal met
that Contract Year (sums are not cumulative).

iii. Top 25 ranking in the final AP or USA Today polls: $25,000


iv. Top 10 ranking in the final AP or USA Today polls: $50,000

c. Coach shall receive one of the following sums upon attainment of the highest specified Team goal met
that Contract Year (sums are not cumulative).

v. Reach NCAA Tournament Elite Eight: $200,000


vi. Reach NCAA Tournament Final Four: $400,000
vii. Win NCAA Tournament National Championship game: $600,000

d. Coach shall receive the following sums upon attainment of the specified Team goals met that Contract
Year (sums are cumulative).

i. Postseason NIT bid or greater than .500 Conference record: $10,000


ii. Reach NIT Final Four $10,000
viii. Win NIT Championship $15,000

e. Coach shall receive the following sums upon attainment of the specified Team goals met that Contract
Year (sums are cumulative).

i. NCAA Tournament bid: $25,000


ii. Reach NCAA Round of 32 $50,000
iii. Reach NCAA Tournament Sweet Sixteen $75,000

f. Coach shall receive the following sums upon attainment of the specified Team goals met that Contract
Year (sums are cumulative).

i. win regular season Conference championship: $50,000


ii. win Conference championship tournament: $50,000

g. Coach shall receive the greater of: $25,000 (Twenty-Five Thousand Dollars) for a multi-year Academic
Progress Rate (“APR”) greater than 0.960, or a bonus of $50,000 (Fifty Thousand Dollars) for a multi-
year APR greater than 0.980. These amounts are not cumulative.

h. Coach shall receive a bonus of $50,000 (Fifty Thousand Dollars) for a Team federal graduation rate at
or above 55%.

i. Coach shall receive a bonus of $25,000 (Twenty-Five Thousand Dollars) if selected by the Conference
as its Men’s Basketball Coach of the Year.

j. Coach shall receive a bonus of $50,000 (Fifty Thousand Dollars) if selected as the Naismith, National
Association of Basketball Coaches (“NABC”), and/or Associated Press (“AP”) Men’s Basketball
Coach of the Year.

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k. If the NCAA determines (following all possible appeals) that a major violation occurred related to the
Team that requires wins or records to be vacated and/or return of funds received by KSA or the
University and/or other penalties, Coach shall forfeit all bonuses paid for the relevant season(s), and if
already paid, Coach shall repay KSA said bonuses in their entirety within sixty (60) days of demand
for the same.

2.4. Fringe Benefits. Coach shall receive the benefits available to all full-time, benefits eligible KSA
employees, as well as the following fringe benefits, subject to applicable KSA policies:

a. Annual vehicle and insurance stipend of $14,000 to be used in accordance with KSA policy;
b. Golfing privileges at Colbert Hills Golf Course, as available;
c. Complimentary tickets to University home athletic events. The number of tickets allocated to Coach is
determined by the KSA business office for Coach and Coach’s immediate family living at Coach’s
home. These tickets are for personal use and may not be sold or bartered. Note KSA treats this as
taxable income benefit.

2.5. Retention Bonuses. Coach shall be eligible for the following retention bonuses:

2022-2023 Contract Year $340,000


2023-2024 Contract Year: $200,000
2024-2025 Contract Year: $200,000
2025-2026 Contract Year: $200,000
2026-2027 Contract Year: $200,000

Upon successful completion of each above stated Contract Year under this Agreement, Coach shall receive
a lump sum retention incentive payment as set forth above payable on the May 31st following the conclusion
of each Contract Year, provided that Coach is employed as Team Head Coach on that date. In the event
Coach is no longer Team Head Coach for any reason(s) before the payment of each respective retention
bonus, Coach shall forfeit the right to receive such retention incentive and any funds set aside by KSA shall
remain the sole property of KSA.

Notwithstanding the foregoing, Coach’s 2022-2023 Contract Year retention bonus is fully vested upon
execution of this Agreement and is payable on the following schedule:

October 31, 2023: $110,000


November 30, 2023: $110,000
December 31, 2023: $120,000

2.6. Leave Accrual. Coach shall accrue leave (e.g., vacation, sick) as provided by KSA policy. Coach shall not
be entitled to payout for any accrued but unused leave upon termination of this Agreement or other
separation from employment with KSA.

2.7. One-Time Payments, Moving Expenses, and Temporary Housing. [RESERVED]

2.8. Payments, Taxes, Deductions, and Withholding. All compensation described in this Agreement,
including Base Salary and bonuses, will be paid in accordance with KSA’s normal payroll procedures
unless otherwise specified. All bonuses are payable by KSA within thirty (30) days of the end of the
applicable Contract Year. All payments and benefits from KSA are subject to applicable deductions and
withholdings for federal, state, and local taxes. To the extent there are applicable taxes for any payments or
benefits set forth in this Agreement, Coach shall be solely responsible for payment of such taxes. Coach
agrees to save, hold harmless, and indemnify KSA, the University, their affiliates, and their respective
officers, directors, regents, employees, and agents from and against any and all taxes, penalties, interest, or
other costs, including, but not limited to, costs of legal counsel and accounting professionals, assessed

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against or incurred by any of the indemnified parties in connection with any audit, litigation, or other
controversy involving in any way compensation or payments under this Agreement.

Article 3
Responsibilities

3.1. General Duties and Responsibilities. During Coach’s employment by KSA, Coach agrees to perform all
duties and responsibilities that are inherent or attendant to the position of Head Coach, expressly set forth
in this Agreement, and otherwise assigned by the Athletics Director. In general, Coach is responsible for
recruiting, coaching, training, supervising, and evaluating, student-athletes to compete against NCAA
Division I competition; making decisions regarding award of scholarships; recruiting, leading, developing,
supervising, and evaluating Team assistant coaches and staff; and preparing and administering the Team
program’s budget for approval by the Athletics Director, or their designee.

3.2. Specific Duties and Responsibilities. In addition to the general duties described above, Coach shall also
perform certain specific duties and responsibilities as Head Coach, subject to addition or change by the
Athletics Director or their designee, including but not limited to:

a. Making and executing customary coaching decisions including, without limitation, the systems and
strategies used, conduct of practice and training, competition assignment of student-athletes, and all
other matters relating to the training, practice, preparation, and play of competitions;
b. Devoting Coach’s full professional time, skill, and attention, to the performance of the duties as Head
Coach in a timely, thorough, constructive, cooperative, and positive manner;
c. Promoting and encouraging support of the Team’s student-athletes through personal, physical, and
intellectual development, activities, and achievements and integrating sport into the whole spectrum of
student-athletes’ academic life (although this Agreement is sports-related, the Parties acknowledge the
primary purposes and mission of the University and this Agreement is educative; therefore, the
purposes and mission of the University shall have priority in various provisions of this Agreement);
d. Complying with the University’s academic standards and requirements with respect to the recruiting
and eligibility of prospective and current student-athletes, and complying with academic policies
established by KSA, University, applicable intercollegiate athletic conference (“Conference”), and
National Collegiate Athletic Association or other applicable governing body (“NCAA”), including
monitoring and encouraging the Team’s student-athletes to regular progress toward an academic
degree; making reasonable and good faith efforts, in cooperation with the University’s faculty and
administration, to meet student-athletes’ academic requirements; and using reasonable efforts to
coordinate student-athletes’ travel and scheduling to minimize lost classroom time;
e. Complying with all applicable (collectively, “Rules and Laws”): (i) rules, polices, procedures, and
proceedings of KSA (including but not limited to the standards of ethical behavior and conduct set forth
in the KSA Employee Manual) and the University; (ii) constitutions, bylaws, policies, rules, standards,
interpretations, actions, and proceedings of the Conference and NCAA; and (iii) all applicable federal,
state, and local laws, regulations, and legal processes;
f. Promoting an atmosphere of compliance and actively monitoring and making best efforts to ensure
compliance with Rules and Laws by student-athletes, other program coaches and employees, and
representatives of KSA and the University’s athletic interests; Coach acknowledges that Coach is
presumed to be responsible for the actions of all Team assistant coaches and employees who report
directly or indirectly to Coach, and if Coach becomes aware of, or has reasonable cause to believe, that
any violations of Rules and Laws may have occurred, Coach shall promptly report such violations to
the Athletics Director;
g. Cooperating with all KSA, University, Conference, NCAA, or applicable investigations, proceedings,
and rule enforcement or infractions processes; Coach agrees to promptly report violations and share all
knowledge, documents, and data, provide access to all electronic devices, social media, and other
technology, and maintain confidentiality when permitted by applicable Rules and Laws;
h. Fulfilling all responsibilities and duties as a designated Campus Security Authority (“CSA”) under the
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, as amended

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(collectively known as the “Clery Act”); Coach agrees to educate themself about their duties and
responsibilities as a CSA and agrees to make all reports required under the Clery Act and related KSA
and University policies;
i. Conducting themself at all times in a manner consistent with the position of Head Coach, an instructor
of student-athletes, and an ambassador and representative of KSA and the University; Coach shall not
engage in any behavior, actions, or activities (collectively, “Objectionable Behavior”) that: (i) subjects
Coach, KSA, or the University to public disrepute, embarrassment, ridicule, or scandal, with such
conduct reflecting unfavorably upon KSA or the University’s reputation or overall primary purposes
and mission; (ii) adversely affects the reputation of Coach, KSA, or the University; (iii) interferes with
or diminishes Coach’s standing as a KSA or University ambassador and representative; or (iv) are
contrary to the best interests of KSA, the University, or their respective students and programs.
j. Establishing, maintaining, and enforcing standards of conduct, disciplinary rules, and sanctions fairly
and uniformly for the Team’s student-athletes to ensure academic and moral integrity while
encouraging excellence;
k. Engaging in—and actively monitoring to ensure program coaches employees are engaging in—fair,
safe, and responsible treatment of the Team’s student-athletes and avoiding behavior, actions, and
activities that could jeopardize a student-athlete’s welfare, health, or safety; and
l. Reporting any concerns regarding student well-being within or related to the Team’s program to the
Athletics Director or appropriate KSA or University office, including but not limited to those involving
serious physical or mental health concerns or allegations of bullying, hazing, harassment, violence, or
racist, sexist, or other discriminatory behavior.

3.3. Program Staffing. Coach has the responsibility to make recommendations as to the hiring, continued
employment, job titles, compensation, and dismissal of the Team’s assistant coaches and support staff. All
such recommendations will be subject to the approval of the Athletics Director and, when appropriate, KSA
Board of Directors and/or Compensation Committee; all hiring decisions are subject to standard KSA pre-
employment inquiries, including but not limited to NCAA and criminal background checks. Coach shall
make no financial or employment commitments unless specifically authorized by the Athletics Director
and, when appropriate, KSA Board of Directors and/or Compensation Committee.

3.4. Scheduling Team Competition. All competition scheduling shall be jointly performed by Coach and the
Athletics Director, or designee, and shall be subject to final approval by the Athletics Director.

3.5. Promotion, Marketing, Appearances, and License. Coach will perform, or cause to be performed
pursuant to a license agreement with any entity holding the rights to his name, image, likeness, any personal
services, services on television, radio, and other media as such services relate to the position as Team Head
Coach, as further set forth herein. Further, the parties hereto acknowledge and agree that KSA possesses
the sole and exclusive ownership rights to the University’s Team of any nature, including, but not limited
to, the following: radio, television, internet and any other medium whatsoever whether now existing or
developed in the future. As such, KSA and the University, and their agents, representatives, licensees, or
assigns, shall have sole and exclusive rights to produce, market, and receive compensation for all radio,
television, and internet shows relating to the University’s Team, and Coach agrees to perform and carry out
all duties and responsibilities deemed necessary by the Athletic Director or his designee for participation in
such forms of media, marketing, or sponsorship activities.

Coach will have substantial input in determining the time and location of weekly coach’s show(s), in
cooperation with KSA and its rights holders. Any conflicts will be resolved by the Athletic Director.

3.6. Exclusivity of Services. Except where otherwise provided in this Agreement, Coach agrees that during the
Term of this Agreement, they will not engage in any outside activities, including but not limited to,
television, internet, radio, clothing, or shoe sponsorships, unless such activities are expressly approved in
writing and in advance by the Athletics Director and the University President, and as otherwise required by
NCAA bylaws, rules, and regulations. Such approval will not be unreasonably withheld. Coach shall not
endorse or allow their name, likeness, or image to promote any business enterprise that may conflict with

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the business of a University-affiliate or that of a sponsor of the University's third-tier broadcasting rights
holder (e.g., K-State Sports Properties, LLC). Coach agrees that during the term of this Agreement they
will notify the Athletics Director or designee of, and obtain permission prior to, any discussions by Coach,
their agents or representatives, concerning an interview at any NCAA member institution, or any other
coaching or non-coaching positions that may result in termination of their employment at KSA. If formally
announced as the coach or employee of a different employer, or if Coach reaches agreement to work for a
different employer, then the Parties agree such action shall be considered a termination by Coach as
provided for in this Agreement.

3.7. Evaluation. The Athletics Director or designee shall annually evaluate Coach’s job performance and meet
with Coach to discuss same. In addition, Coach is responsible for evaluating the Team’s assistant coaches
and other staff. Evaluations performed by Coach are subject to review and approval by the Athletics
Director or designee. Without limiting any other provisions of this Agreement, the Athletics Director or
designee may impose disciplinary or corrective action for Coach’s breach of any of the general, specific,
or other duties and responsibilities described in this Agreement. Such action may include, but is not limited
to, suspension without pay pending review for alleged violations of applicable Rules and Laws. If Coach is
fined by the Conference or NCAA for violation of the sportsmanship policy, such penalty shall be the sole
responsibility of Coach.

Article 4
Termination

4.1. Early Termination by Coach. Coach recognizes that their promise to work for KSA for the entire Term
of the Agreement is the essence of this Agreement. Coach also acknowledges that KSA is making an
extensive investment in Coach’s continued employment by entering into this Agreement and that its
investment would be lost if Coach resigns or otherwise terminates their employment prior to the expiration
of this Agreement.

a. The Parties agree that Coach may, nevertheless, terminate their employment under this Agreement prior
to its normal expiration at the end of the Term by giving the Athletics Director advance confidential
written notice of the resignation of their employment or accepting other employment and by paying to
KSA the amount required by the following schedule:

Termination by Coach Amount Payable by Coach to KSA


From the Effective Date through April 30, 2024: $6,000,000
From May 1, 2024 through April 30, 2025: $5,000,000
From May 1, 2025 through April 30, 2026: $4,000,000
From May 1, 2026 through April 30, 2027: $3,000,000
From May 1, 2027 through April 30, 2028: $2,000,000
From May 1, 2028 through April 30, 2029: $1,000,000

The applicable sum due above shall be paid by Coach in twelve (12) equal monthly installments
beginning thirty (30) days from written notice of resignation or any announcement of Coach taking a
position with a different employer, whichever occurs first. Under this section, “advance confidential
written notice” means a written document personally presented by Coach to the Athletics Director
indicating their date of resignation, and that Coach notify no other person of their resignation for at
least fifteen (15) days. The Parties agree these amounts are not a penalty but represent a reasonable
estimation of the damages that KSA and University would suffer if Coach terminates their employment
prior to the Agreement’s expiration. The Parties further agree that amount, nature, and extent of such
damages are difficult to determine and may include, but not be limited to, additional expenses to search
for and employ another Head Coach, salary, or other compensation to hire such coach, and tangible and
intangible detriment to the University’s Team and the support of its fans and donors.
b. If Coach terminates their employment under this Agreement prior to its expiration in accordance with
this section, their compensation and benefits, to the extent not already accrued or vested, shall cease

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immediately, unless Coach continues to render the services described in this Agreement at the sole
option of the Athletics Director.
c. This Agreement will terminate automatically upon the death of Coach, or if Coach is unable to perform
their duties as Coach, with or without reasonable accommodation. In the event of Coach’s death, or
should the Parties voluntarily terminate this Agreement because of conditions beyond their reasonable
control, such as Coach’s inability to perform duties due to disability, accident, or illness, Coach shall
not owe any compensation to KSA.

4.2. Early Termination by KSA for Cause. KSA specifically reserves the right to terminate this Agreement
for Cause. In the event KSA terminates Coach’s employment at any time for Cause, Coach is not entitled
to the payment of any compensation, benefits, or damages beyond the effective date of said termination for
Cause.

a. As used in this Agreement, “Cause” includes, but is not limited to, the following:
i. Material breach of this Agreement or intentional, negligent or other failure or refusal in any
material respect to perform the duties and responsibilities of Head Coach required under this
Agreement, including Coach’s general, specific, and other duties and responsibilities described
in Article 3;
ii. Insubordination; Objectionable Behavior, as determined in the sole reasonable judgment of the
Athletics Director; or conviction for a criminal offense involving fraud, or any conviction or
criminal charge of a felony;
iii. Failure to report any and all violations of NCAA rules or bylaws related to the Team where
KSA or the University reasonably determines that Coach knew or should have known about
such failure with reasonable diligence;
iv. Serious or multiple violations of Rules and Laws by or involving Coach or a Team assistant
coach or staff member which, as determined in the sole reasonable judgment of the Athletics
Director, Coach knew or should have known about with reasonable diligence and oversight;
v. Material fraud or dishonesty related to preparing, maintaining, or submitting, documents, data,
or records of or pertaining to KSA, the University, Conference, NCAA, or prospective or
current student-athletes;
vi. Failure to reasonably respond accurately and fully, within a reasonable time, to any request or
inquiry relating to the performance of Coach’s duties hereunder or the performance of Coach’s
duties during Coach’s prior employment, as determined in the sole reasonable judgment of the
Athletics Director;
vii. Instruction to any coach, student, or other person to respond inaccurately, inappropriately, or
incompletely to any request or inquiry, including any instruction to destroy or conceal any
evidence or information, concerning a matter relevant to the University's students or athletic
programs or other institution of higher learning, as determined in the sole reasonable judgment
of the Athletics Director; or
viii. Failure to obtain any required prior approval for outside activities, or to report accurately all
sources and amounts of income and benefits, as required by this Agreement or applicable Rules
and Laws.
b. KSA shall have no obligation to use progressive discipline regarding Coach’s misconduct. Any KSA
decision to utilize progressive discipline shall not create any future obligation for KSA to use
progressive discipline.
c. If KSA terminates Coach’s employment for Cause, it shall be without liability to Coach or any other
penalty. Specifically, KSA’s obligations to make further payments and/or to provide any other
consideration, under this Agreement or otherwise, except to the extent already vested, shall cease
immediately. In no case shall KSA be liable to Coach for the loss of any Base Salary, bonus or
additional compensation, collateral business opportunities, or any other benefits, perquisites or income
resulting from activities such as, but not limited to, camps, clinics, media appearances, television or
radio shows, apparel or shoe contracts, consulting relationships or from any other source, because of
KSA’s termination for Cause of Coach’s employment under this Agreement.

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d. All obligations of Coach under this Agreement or otherwise associated with their employment by KSA
shall cease as of the effective date of such termination for Cause.

4.3. Early Termination by KSA Without Cause. KSA specifically reserves the right to terminate this
Agreement without Cause. In the event KSA terminates Coach’s employment at any time without Cause,
Coach will be entitled to the liquidated damages provided for herein.

a. If KSA terminates this Agreement without Cause, KSA will pay Coach the amount required by the
following schedule:

Termination Without Cause by KSA Amount Payable by KSA to Coach


From the Effective Date through April 30, 2025: $15,075,000
From May 1, 2025 through April 30, 2026: $12,750,000
From May 1, 2026 through April 30, 2027: $10,350,000
From May 1, 2027 through April 30, 2028: $7,875,000
From May 1, 2028 through April 30, 2029 $5,325,000
From May 1, 2029 through April 30, 2030: $3,600,000 or the remaining unpaid Base
Salary payable to Coach on the date of
termination, whichever is less

The applicable sum due above shall be paid by KSA in accordance with its payroll procedures over
twenty-four (24) months, beginning thirty (30) days from the effective date of Coach’s termination
without Cause. KSA’s payment obligations described above shall continue but be reduced on a dollar-
for-dollar basis by the total compensation received by Coach from all sources directly related to any
subsequent employment comparable to that of a college or professional coach, analyst, or administrator
(“Subsequent Compensation”), so long as the Subsequent Compensation is at an Actual Market Rate
for such subsequent employment positions. “Actual Market Rate” is defined herein as the average total
compensation for the position, and if such position is in intercollegiate athletics, is commensurate to
similar positions among public universities in the conference of the subsequent employer, utilizing
available compensation sources (e.g., WINAD and other coaching compensation databases). KSA
reserves the right to adjust the compensation due and owing if Coach’s new compensation, if to a
reasonable and objective person, appears contrived to rely upon payments to Coach by KSA. Coach
shall have the affirmative duty to make every reasonable effort to obtain subsequent employment at an
Actual Market Rate as long as KSA is obligated to make payments pursuant to this section. Failure of
Coach to comply with this paragraph shall make KSA’s payment obligation herein voidable at KSA’s
option, and in the event Coach’s subsequent employment is below an Actual Market Rate, Coach
expressly agrees that KSA may assign a market value of compensation to Coach’s subsequent
employment based upon its analysis of similar positions. By accepting the first payment described in
this section, Coach waives and releases all releasable claims against KSA and University and covenants
not to sue KSA and University.
b. Except for the obligation to pay to Coach the amount set forth in this section, all obligations of KSA
(to the extent not already accrued or vested) to Coach shall cease as of the effective date of such
termination. In no case shall KSA be liable for the loss of any bonus or additional compensation,
collateral business opportunities, or any other benefits, perquisites or income resulting from activities
such as, but not limited to, camps, clinics, media appearances, television or radio shows, apparel or
shoe contracts, consulting relationships or from any other sources that may ensue because of
termination without cause of Coach’s employment under this Agreement.
c. All obligations of Coach under this Agreement or otherwise associated with their employment by KSA
shall cease as of the effective date of such termination without Cause.
d. Upon termination without Cause, Coach may continue family health insurance coverage through
COBRA or its KSA equivalent, whichever is applicable.
e. To the extent allowable by law, KSA’s payment of the amount under this section will constitute a full
release of any claim that Coach might otherwise assert against KSA or the University, or any of its
directors, regents, representatives, agents, or employees.

Tang, Jerome – 2023 Employment Agreement Page 8 of 11


4.4. Reassignment. KSA retains the right to assign Coach to other positions with different duties during the
term of this Agreement. If KSA reassigns Coach and Coach refuses to accept such reassignment, then KSA
shall terminate this Agreement pursuant to the applicable terms and conditions for termination without
cause as set forth in this Agreement, or Coach may terminate this Agreement without obligation for the
payment to KSA for termination by Coach. KSA may place Coach on administrative leave with pay at any
time during the Term of this Agreement. Coach agrees they will use available vacation leave while on such
leave and they will not accrue any additional vacation leave during such leave.

Article 5
Outside Activities and Income

5.1. Outside Activities. Coach may engage in activities outside of their duties for KSA and be compensated
for those activities, but only so long as those activities do not interfere with performance by Coach of their
duties as an employee of KSA, under this Agreement, or any KSA or University policy or other Rules and
Laws. In accordance with NCAA regulations and as set forth in the provisions for Coach’s annual
appointment, Coach is required to receive, annually, prior written approval from the President of the
University for all athletically-related income and benefits from sources outside the institution, which
approval will first be sought from the Athletics Director or designee. Coach’s request for approval will be
in writing and will include the amount and source of the income. To the extent Coach seeks University
consent to engage in any such activity (whether by reason of NCAA rules or otherwise), such consent will
not be withheld unreasonably.

5.2. Team Sport Camp. Coach may own and operate a camp in the Team’s sport at KSA and University
facilities. The camp must be operated in accordance with the rules, guidelines, policies, and procedures of
the KSA, University, Conference, and NCAA, and with appropriate financial controls. Within sixty (60)
days of the closing of the camp, Coach will provide to KSA a full financial accounting of the camp,
including a statement of income and expenses, and an accounting of the distribution to KSA or University
employees and third parties. Coach agrees that they have the right to operate this camp only as long as they
are the Team Head Coach, and that the University may assume the right to operate the camp upon the
termination of Coach’s employment as Head Coach.

5.3. Camp Operations. Coach shall be entitled to utilize KSA and University facilities in their operation of
camp(s) as provided herein. The manner means, and details of the camp must be submitted to and approved
by KSA prior to the camp being advertised. Coach shall be responsible for all facility or other fees and/or
expenses (including but not limited to such items as background checks, clerical assistance, copy expenses,
office supplies, administrative costs, residence halls, swimming pools, practice site, etc.) and equipment
usage assessed by KSA or the University for said camps. Coach agrees to provide adequate liability
insurance for the camp, with a minimum single occurrence limit of at least $1 million, and with KSA and
the University listed as additional insureds. KSA and the University agree to charge a commercially
reasonable rate, as determined by the Athletic Director or designee, which is consistent with fees charged
for other athletic summer camps, for the expenses referred to above. At the discretion of the Athletics
Director or designee, KSA may agree to place advertising and links to camp websites on KSA’s official
athletic website(s).

Article 6
Team Records, Materials, and University Trademarks

6.1. All materials or articles of information, including, without limitation, personnel records, recruiting records,
team information, films, statistics or any other material or data furnished to Coach by the KSA or the
University, or developed by Coach on behalf of KSA or at KSA’s direction or for KSA’s use or otherwise
in connection with Coach’s employment hereunder, shall remain the sole property of the University.

Tang, Jerome – 2023 Employment Agreement Page 9 of 11


6.2. Nothing in this Agreement shall constitute permission or license for Coach to use or to authorize third
parties to use KSA or the University’s trademarks in connection with any outside employment. A license
to use the KSA or the University’s trademarks must be obtained from and approved by the appropriate
University trademark and licensing officials, or any agent of KSA or the University authorized to contract
on its behalf. Further, nothing in this Agreement shall constitute permission or license for Coach to modify
or change any existing trademarks or to create new trademarks for KSA, the University, or the Team without
the express written consent of the Athletics Director or designee.

Article 7
Miscellaneous

7.1. Choice of Law, Venue. This Agreement will be governed by and construed in accordance with the laws of
the State of Kansas, and any lawsuit or action brought regarding the terms of this Agreement may only be
brought solely in the District Court of Riley County, Kansas, to the exclusion of all others.

7.2. Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as
to be enforceable, valid, and legal under applicable law. If any provision of this Agreement is held by a
court of competent jurisdiction to be unenforceable, invalid, or illegal in any respect under applicable law,
such unenforceability, invalidity, or illegality will not affect any other provision of this Agreement and this
Agreement will be construed as if such unenforceable, invalid, or illegal provision had never been contained
in this Agreement.

7.3. Sole Benefit; No Assignment. This Agreement is for the sole benefit of the parties hereto and may not be
enforced by any third party. This Agreement shall not be assigned by either party but shall be binding as to
the heirs or successors of Coach and KSA.

7.4. Headings. The article and section headings contained in this Agreement are for reference purposes only
and will not affect in any way the meaning or interpretations of this Agreement. The background set forth
at the beginning of this Agreement are, and shall be construed as, substantive provisions of this Agreement.

7.5. Integration. Except for the provisions of each annual term appointment between Coach and KSA, which
are hereby incorporated by reference, this Agreement revokes and supersedes all prior agreements with
respect to KSA’s employment of Coach, constitutes the entire agreement between the parties hereto
concerning KSA’s employment of Coach, and may be modified only in a writing signed by the Athletics
Director (after approval by KSA’s Board of Directors) and Coach.

7.6. Acknowledgment of Reading and Understanding. Coach acknowledges that they have read and
understand the foregoing provisions of this Agreement, that such provisions are reasonable and enforceable,
and that they agree to abide by this Agreement and the terms and conditions set forth herein.

7.7. Consultation and Interpretation. Coach understands and agrees that they have been given an opportunity
to consult with an attorney regarding this Agreement. Coach also agrees that, to the extent this Agreement
requires interpretation, such interpretation shall not be made against KSA as the drafter.

7.8. Force Majeure. If during the term of this Agreement, due to any occurrence - even if foreseeable - that (1)
would make either party's performance under this Agreement impossible or impracticable, or which
occurrence causes a significant decrease in KSA revenue as determined by the Athletics Director in their
sole and absolute discretion; and (2) is beyond the reasonable control of such party or parties, including but
not limited to delay of transportation services or access to means of transportation, natural disasters, floods,
fires, earthquakes, tornadoes, riots, strikes, epidemics, pandemics, quarantines, acts of God, war (declared
or undeclared) compliance with any act, regulation, order or request of any governmental authority or
agency, including declarations of a state of emergency, whether local or national, or any other causes,
whether direct or indirect (collectively, "Force Majeure"), KSA shall have the right upon seven (7) days

Tang, Jerome – 2023 Employment Agreement Page 10 of 11


prior notice to Coach to reduce their Base Salary by up to 20% for the duration of such Force Majeure
occurrence.

7.9. Execution and Counterparts. This Agreement may be executed in any number of counterparts (including
electronically scanned and emailed PDF copies, faxed copies, and any similarly signed and electronically
transmitted copies), each of which shall be deemed to be an original and all of which shall constitute
together one and the same agreement.

COACH

Jerome Tang Sep 23, 2023


Jerome Tang (Sep 23, 2023 12:13 EDT) Date:
Jerome Tang

For K-STATE ATHLETICS, INCORPORATED

Gene Forrest Taylor Sep 23, 2023


Gene Forrest Taylor (Sep 23, 2023 12:55 CDT) Date:
By: Gene Taylor, Chairman and CEO, by
Authorization of the Board of Directors

Accepted by KANSAS STATE UNIVERSITY

Richard Howard Linton Sep 23, 2023


Richard Howard Linton (Sep 23, 2023 22:40 CDT) Date:
By: Richard Linton, President

Approved as to form:

Shari F. Crittendon
Shari F. Crittendon (Sep 22, 2023 15:20 CDT)
Office of General Counsel

Tang, Jerome – 2023 Employment Agreement Page 11 of 11


Tang, Jerome - 2023 MBB HC Employment
Agreement (FINAL)
Final Audit Report 2023-09-24

Created: 2023-09-22

By: Vicki Jones (vjones@kstatesports.com)

Status: Signed

Transaction ID: CBJCHBCAABAAdIKkh7QL7uxOH4XP7TywG2kTZuchOC4t

"Tang, Jerome - 2023 MBB HC Employment Agreement (FINAL)


" History
Document created by Vicki Jones (vjones@kstatesports.com)
2023-09-22 - 8:02:25 PM GMT- IP address: 129.130.19.251

Document emailed to sfcrittendon@ksu.edu for signature


2023-09-22 - 8:03:54 PM GMT

Email viewed by sfcrittendon@ksu.edu


2023-09-22 - 8:18:49 PM GMT- IP address: 104.47.57.126

Signer sfcrittendon@ksu.edu entered name at signing as Shari F. Crittendon


2023-09-22 - 8:20:26 PM GMT- IP address: 70.179.124.19

Document e-signed by Shari F. Crittendon (sfcrittendon@ksu.edu)


Signature Date: 2023-09-22 - 8:20:28 PM GMT - Time Source: server- IP address: 70.179.124.19

Document emailed to jtang@kstatesports.com for signature


2023-09-22 - 8:20:30 PM GMT

Email viewed by jtang@kstatesports.com


2023-09-23 - 4:10:43 PM GMT- IP address: 104.47.59.254

Signer jtang@kstatesports.com entered name at signing as Jerome Tang


2023-09-23 - 4:13:16 PM GMT- IP address: 174.196.132.26

Document e-signed by Jerome Tang (jtang@kstatesports.com)


Signature Date: 2023-09-23 - 4:13:18 PM GMT - Time Source: server- IP address: 174.196.132.26

Document emailed to gtaylor@kstatesports.com for signature


2023-09-23 - 4:13:20 PM GMT
Email viewed by gtaylor@kstatesports.com
2023-09-23 - 5:54:16 PM GMT- IP address: 104.47.66.126

Signer gtaylor@kstatesports.com entered name at signing as Gene Forrest Taylor


2023-09-23 - 5:55:04 PM GMT- IP address: 104.50.45.87

Document e-signed by Gene Forrest Taylor (gtaylor@kstatesports.com)


Signature Date: 2023-09-23 - 5:55:06 PM GMT - Time Source: server- IP address: 104.50.45.87

Document emailed to Richard Linton (rhlinton@k-state.edu) for signature


2023-09-23 - 5:55:08 PM GMT

Email viewed by Richard Linton (rhlinton@k-state.edu)


2023-09-24 - 3:39:11 AM GMT- IP address: 104.47.56.126

Signer Richard Linton (rhlinton@k-state.edu) entered name at signing as Richard Howard Linton
2023-09-24 - 3:40:55 AM GMT- IP address: 129.130.19.170

Document e-signed by Richard Howard Linton (rhlinton@k-state.edu)


Signature Date: 2023-09-24 - 3:40:57 AM GMT - Time Source: server- IP address: 129.130.19.170

Agreement completed.
2023-09-24 - 3:40:57 AM GMT

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