2010 orange bowl game contract -- iowa

8/6/2019 2010 Orange Bowl Game Contract -- Iowa

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TEAM GAME AGREEMENTFEDEX ORANGE BOWL GAME

This Game Agreement is made this _ day of December, 2009, betwe,:n the UNIVERSITY OF IOWA ("the Institution"), the BIG TEN CONFERENCE ("the Conference ), and THE ORANGE BOWL COMMITIEE, INC., a Florida non-profit corporation ("the Bowl").

Article IDefinitions

1.1 Definit ions. Unless the context otherwise requires. the terms defined in Section 1.1of the Contract among Atlantic Coast Conference, Big East Conference, Big Ten Conference,The Big Twelve Conference, Inc., Conference USA, Mid-American Conference, Mountain WestConference, Pacific-10 Conference, Southeastern Conference, Sun Belt Conference, WesternAthletic Conference, University of Notre Dame du Lac, Arizona Sports Foundation, Inc., doingbusiness as Fiesta Bowl, The Orange Bowl Committee, Inc., and Sugar Bowl, effective April 1,2006, and any and all amendments thereto ("Bowl Championship Series Contract") shall havethe same meaning in this Game Agreement.

Article IIParticipation in Game

2.1 Participation in Game. The Institution agrees to have its football team play in the FedEx Orange Bowl Game (the "Bowl Game") in Miami, Florida, on January 5, 2010. The competing team in the Bowl Game to be played on such date shall be the Georgia Institute of Technology. The Bowl Game shall be played at the Land Shark Stadium (the "Bowl Game Venue"). Kickoff shall be at approximately 8:30 p.m. Eastern Standard Time. } Article III

Financial Settlement3.1 Financial Settlement. The financial settlement for the Bowl Game shall be in accordance with the provisions of the Bowl Championship Series Contract.

Article IVTickets and Suites

4.1 Ticket Allotment for Institut ion. If the Institutions competing in the Bowl Game are both members of Conferences, then they shall purchase from the Bowl a minimum of ThirtyFive Thousand (35,000) tickets in the aggregate. The Bowl shall allot Seventeen Thousand Five Hundred (17,500) tickets to each Institution unless the Institutions mutually agree to a different initial allocation of tickets. The Institutions may mutually agree to reallocate tickets between themselves after distribution of the initial ticket allocations by the Bowl.

If one Institution playing in the Bowl Game is an Independent and the other is a member of a Conference, then they shall purchase from the Bowl a minimum of Thirty-Five Thousand

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One Hundred Fifty (35,150) tickets in the aggregate. The Bowl shall allot S e v e n t e ~ n ThousandSix Hundred Fifty (17,650) tickets to the Independent and Seventeen Thousand Five H ~ n d r e d (17,500) tickets to the competing Institution unless the Institutions mutually agre.e to a differentinitial allocation of tickets. The Institutions may mutually agree to reallocate tickets betweenthemselves after distribution of the initial ticket allocations by the Bowl.If both Institutions playing in the Bowl Game are Independents, then they s ~ a l l p u r ~ h a s e from the Bowl a minimum of Thirty-Five Thousand Three Hundred (35,300) tickets In theaggregate. The Bowl shall allot Seventeen Thousand Six Hundred Fifty (17,650) tickets to eachInstitution unless the Institutions mutually agree to a different initial allocation of tickets. TheInstitutions may mutually agree to reallocate tickets between themselves after distribution of theinitial ticket allocations by the Bowl.The tickets purchased by the Institution shall have the seat locations shown on Exhibit 1,which is attached hereto and made a part hereof.The average price of all tickets purchased by the Institution shall not exceed OneHundred Twenty-Five ($125.00) Dollars.4.2 Ticket Allotment fo r Institution's Conference. If the Institution is a member ofany Conference, the Conference shall purchase a minimum of One Hundred Fifty (150) ticketswith seat locations shown on Exhibit 1. The price of such tickets purchased by the Institution'sConference shall be the same as that paid by the Institution for comparable seat locations.4.3 Suites. The Bowl shall provide free of charge to the Institution one (1) sky box witha minimum seating capacity of sixteen (16) seats, or such different seating capacity as may beagreed upon by the BCS based on availability, at the Bowl Game Venue. The Bowl shall alsoprovide free of charge to the Institution's Conference, if any, one (1) additional sky box with thesame seating capacity at the Bowl Game Venue. Tickets for such sky boxes will not be countedin the aggregate required for purchase under Sections 4.1 and 4.2 above. The Institution andthe Conference shall be responsible for all catering charges incurred in connection with use ofthe sky boxes.4.4 Stadium Admissions. The Bowl shall admit the following persons to the BowlGame Venue free of charge:(a) All student-athletes certified by the Institution as being eligible for competition inthe Bowl Game;(b) No more than sixty (60) coaches, trainers, medical, security, and managerialpersonnel accompanying the Institution's football team, all of whom shall have access to theteam area of the playing field;(c) All members of the Institution's marching band and all personnel affiliated withthe Institution's marching band (such as the band directors) in performer seats, provided that, atthe Bowl's election, they may be seated in spectator seats for which the Institution shallpurchase tickets;(d) One (1) person serving as the Institution's mascot and dressed in uniform;(e) One (1) person serving as the institution's cheerleading coach; and

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(f) No more than twenty (20) cheerleaders representing and sponsored by theInstitution and dressed in uniform.

(9) In addition to the persons listed in Section 4.4(a)-(f). the Institution shall be. p e ~ m i t t e d to invite no more than five (5) persons to view the game from the team area on the sidelines atthe Bowl Game Venue. As a condition of issuing a credential to such persons to view the gamefrom the sidelines, the Institution shall require each such person individually to execute a waiverof liability substantially in the form of Exhibit 2.

Article VTeam Arrival

5.1 Team Arrival. The members of the Institution's football team, football coaches andstaff shall arrive in the Miami, Florida area no later than 6:00 P.M. local time at least six (6) dayspreceding the playing of the Bowl Game.Article VI

Hotel Accommodations and Hospitality Suites6.1 Hotel Accommodations fo r Institution.(a) The Bowl shall arrange for, and the Institution shall take, one hundred fifty (150)rooms at a first class hotel resort to be made available to members of the Institution's footballteam, football coaches and staff, from arrival until departure with a minimum stay of six (6)nights. Such rooms shall be at the hotel property and room rate shown on Exhibit 3, which isattached hereto and made a part hereof. The Institution shall be responsible for all costs anddamages related to those rooms.In addition to arranging for the aforementioned rooms to be made available to theInstitution, the Bowl will provide to the Institution, free of charge, three (3) suites at the samehotel property for the duration of such team's scheduled stay.(b) The Bowl shall arrange for, and the Institution shall take, one hundred twenty-five(125) rooms at the same hotel resort housing its football team, football coaches, and staff to bemade available to the Institution's Official Party, with a minimum stay of three (3) nights, one ofwhich shall be game night. Such rooms shall be at the hotel property and room rate shown onExhibit 3. The Institution shall be responsible for all costs and damages related to those rooms.(c) The Bowl shall arrange for, and the Institution shall take, one hundred twenty-five(125) rooms to be made available to the Institution for members of the Institution's marchingband (including band directors and other personnel affiliated with the Institution's marching

band), cheerleaders, mascot, and other guests representing the Institution for a minimum stayof three (3) nights, one of which shall be game night. Such rooms shall be at the first-classhotel property and room rate shown on Exhibit 3. The Institution shall be responsible for allcosts and damages relating to those rooms.(d) The Bowl shall arrange for, and the Institution shall take, seventy-five (75)additional rooms for a minimum stay of three (3) nights, one of which shall be game night. Such

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rooms shall be at the first-class hotel property and at the room rate shown on Exhibit 3. TheInstitution shall be responsible for all costs and damages related to those rooms.6.2 Hotel Accommodat ions for Institut ion's Conference.(a) The Bowl shall arrange for, and the Institution's Conference, if any, shall take,

fifteen (15) rooms at the hotel property and at the room rate shown on Exhibit 3, for a minimumstay of three (3) nights. The Conference shall be responsible for all costs and damages relatedto those rooms.(b) In addition, the Bowl shall provide free of charge to such Institution's Conference,if any, one (1) suite at the same hotel property for the duration of the stay, provided that theConference shall be responsible for all incidentals, room service, telephone, facsimile, mini-barcharges, and like charges, and for any damage to the suite.6.3 Hospitality Suites. The Bowl shall provide free of charge the followinghospitality suites at the hotels each day beginning with the day of the arrival of the Institution'sfootball team until the date of such team's departure:(a) One (1) hospitality suite at the hotel lodging the members of the Institution'sfootball team, football coaches and staff, and Official Party, with snacks and beverages (asdetermined by the Bowl) available as mutually agreed between the Bowl and the Institution, forthe Institution's football coaches and staff, Official Party and designated guests of the Institution.The Institution shall be responsible for any damage to the hospitality suite;(b) One (1) hospitality suite at the hotel lodging the members of the Institution'sfootball team, football coaches and staff, and Official Party, equipped with a large screentelevision, video cassette recorder or DVD player and videos or DVDs, video arcade games,soda and snacks (as reasonably determined by the Bowl), and daily newspapers for membersof the Institution's football team. The Institution shall be responsible for any damage to thehospitality suite; and(c) One hospitality suite at the hotel lodging representatives from the Institution'sConference, with snacks and beverages (as determined by each bowl) available for personnelaffiliated with the Conference of which the institution is a member and guests of personnelaffiliated with such Conference. The Conference shall be responsible for any damage to thehospitality suite.6.4 Hotel Charges. With respect to hotel bills which may become due, the Bowlagrees to forward such bills to the Institution or its Conference, if any, as the case may be, forpayment. The Institution and its Conference, if any, agrees to remit payment for such billsdirectly to the applicable hotel within thirty (30) days after receipt from the Bowl. In the eventthat the Institution or its Conference, if any, fails to make payment for rooms provided to theInstitution or its Conference, if any, as provided herein, then the Bowl shall be entitled towithhold from the payment otherwise due under the Bowl Championship Series Contract the fullamounts thereof plus any sales or other taxes, interest or other late charges imposed by theapplicable hotels, as well as any damage claims of the hotel.6.5 Inst itut ion and Conference Responsibil ities. Except as expressly set forth inthis Game Agreement, the Institution or its Conference, if any, shall be solely responsible for

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payment for all costs and expenses incidental to the participation of its football team, coachesand staff, and other representatives of the Institution in activities related to the Bowl game.The payments shall be made by the Institution and the Conference, as applicable, fortickets not later than the February 15 immediately after the Bowl Game. The Bowl will providean invoice for such tickets not later than January 15. Payment for other benefits supplied

hereunder shall be made within thirty (30) days of receipt by the Institution or Conference ofeach such other benefit to which the Bowl commits hereunder. The Institution and theConference shall pay the Bowl directly, rather than any third party, for all benefits specifically setforth herein, except as otherwise provided.Article VIIAwards

7.1 Awards for Members of the Inst itution 's Football Team. The Bowl shallprovide an award package of Bowl's choosing with a value not to exceed Five Hundred and0/100 ($500.00) Dollars to a maximum of one hundred twenty-five (125) members of theInstitution's football team, commemorating the Institution's participation in the Bowl Game. Inaddition, the Bowl shall have the option to present these individuals with the same wristwatchthat is presented to the Bowl Game officials. Such awards shall be consistent with the rules ofthe National Collegiate Athletic Association ("NCAA").

7.2 Awards for Coaches and Other Staff Members. The Bowl shall provide anaward package of Bowl's choosing with a value not to exceed Five Hundred and 0/100($500.00) Dollars to a maximum of twenty-five (25) coaches and other staff members, asidentified by the Institution, commemorating the Institution's participation in the Bowl Game. Inaddition, the Bowl shall have the option to present these individuals with the same wristwatchthat is presented to the Bowl Game officials. Such awards shall be consistent with the rules ofthe NCAA.7.3 Awards for Other Athletics Department Staff Members. The Bowl shallprovide an award package of Bowl's choosing with a value not to exceed Two Hundred Fifty and01100 ($250.00) Dollars to a maximum of twenty-five (25) other members of the athleticsdepartment. commemorating the Institution's participation in the Bowl Game. In addition, theBowl shall have the option to present these individuals with the same wristwatch that ispresented to the Bowl Game officials. Such awards shall be consistent with the rules of theNCAA.7.4 Awards fo r Institution's Official Party. The Bowl shall provide an awardpackage of Bowl's choosing with a value not to exceed Two Hundred Fifty and 0/100 ($250.00)Dollars to a maximum of fifteen (15) members of the Institution's Official Party, commemoratingthe Institution's participation in the Bowl Game. In addition, the Bowl shall have the option to

present these individuals with the same wristwatch that is presented to the Bowl Game officials.Such awards shall be consistent with the rules of the NCAA.7.5 Awards for Personnel of Institution's Conference. In the event that theInstitution is the member of a Conference, the Bowl shall provide an award package of Bowl'schoosing with a value not to exceed One Hundred and 01100 ($100.00) Dollars to a maximum ofthirty (30) persons affiliated with the Institution's Conference attending the Bowl Game andrelated events, commemorating the Institution's participation in the Bowl Game. In addition, the

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Bowl shall have the option to present these individuals with the same wristwatch that ispresented to the Bowl Game officials. Such awards shall be consistent with the rules of theNCAA.7.6 Licensing by the Insti tution. The Institution hereby authorizes and grants alimited, non-exclusive, royalty-free license to the Bowl to use its name, trade name, nickname,

trademark, logo, likeness of its team mascot, players, and coaches to promote the Bowl Gameand the other Bowl-related activities.Beginning on the date of this Game Agreement and ending sixty (60) days aftercompletion of the playing of the Bowl Game, such Institution's Conference, if any, shall have theright and is granted a royalty-free license to use, on a non-exclusive basis, the names, slogans,seals, logos, and marks, whether registered or unregistered (such names, slogans, seals, logos,and marks hereafter referred to as "identifying marks"), of the Institution in Bowl-relatedactivities, including but not limited to television, promotion, licensing and merchandisingprograms, video incident to the Bowl Game. The Institution's Conference has contracted withCollegiate Licensing Company ("ClC") and Fox Sports Productions, Inc. ("FSP") to serve aslicensees with respect to merchandise and the promotion of merchandise in connection with the

games of the Bowl Championship Series. In addition, the Institution's Conference hascontracted with Collegiate Images, l lC ("CI") and FSP to serve as licensees with respect tovideocassettes, DVDs, still images, and video clips and the promotion of the same in connectionwith the games of the Bowl Championship Series. The Institution's Conference also hascontracted with FSP to serve as licensee with respect to certain digital media rights inconnection with the games of the Bowl Championship Series.Neither ClC, CI, nor FSP shall be entitled to sublicense such license to any person orentity without the consent of the Institution, which consent shall not be unreasonably withheld orconditioned or untimely delayed. The Bowl and the Institution's Conference, if any, eachacknowledges the Institution's exclusive ownership of its identifying marks, and any goodwillthat arises from the use of the Institution's identifying marks shall inure solely to the benefit of

the Institution. The Bowl and the Institution's Conference each agrees that it will not attack thetitle or right of the Institution in and to the Institution's identifying marks. The Institution reservesthe right to exercise reasonable control over the use of its identifying marks, including, but notlimited to, inspection of any goods or services bearing the Institution's identifying marks, theright to pre-approve any such use, and the right to prohibit the use of its identifying marks if theInstitution in its sole discretion determines that such use is inappropriate, provided that no suchapproval shall be unreasonably withheld or untimely delayed. It is understood that revenuederived from the licensees from the sale of merchandise in connection with the Bowl Gameusing the Institution's identifying marks shall be distributed to the participating Conferences andInstitutions participating in the Bowl Championship Series arrangement in accordance with theterms of the License Agreement for Merchandise among the Atlantic Coast Conference, BigEast Conference, Big Ten Conference, The Big Twelve Conference, Inc., Conference USA, MidAmerican Conference, Mountain West Conference, Pacific-10 Conference, SoutheasternConference, Sun Belt Conference, Western Athletic Conference, University of Notre Dame dulac, The Arizona Sports Foundation, doing business as Fiesta Bowl, Sugar Bowl, The OrangeBowl Committee, Inc., and Fox Sports Productions, Inc. It is understood that revenue derivedby the Bowl from the sale of merchandise in connection with the Bowl Game shall become partof the Bowl's gross receipts in accordance with existing rules and regulations of the NCAA. It isthe responsibility of a representative of the Institution's Conference, CLC, or FSP to contact theInstitution prior to using the Institution's identifying marks and to contact the Institution'sdesignated licensing agent regarding use of such identifying marks if requested to do so by the

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Institution. For purposes of this Section 7.6, the Conference, if any, appoints William Hancock,Administrator of the Bowl Championship Series arrangement, as its representative for thepurpose of contacting the Institution with respect to licensing matters. The Institution shallcause its designated licensor to comply with the provisions of this Section 7.6.7.7 Licensing by the Institution's Conference. The Institution's Conference, if

any, authorizes and hereby grants the Bowl a limited, non-exclusive, royalty-free license to usethe names, slogans, seals, logos, and marks, whether registered or unregistered (such names,slogans, seals, logos, and marks hereafter referred to as "identifying marks"), of suchInstitution's Conference, if any, solely for the purpose of promoting the Bowl Game and Bowlrelated activities. Such identifying marks shall not be used for commercial purposes. Suchidentifying marks of the Conference shall be used only in conjunction with the Bowl's seals,logos, and marks. The Bowl may not sublicense such license without the express writtenconsent of the Conference, which consent shall not be withheld unreasonably or untimelydelayed. The Bowl acknowledges the Conference's exclusive ownership of its identifyingmarks, and any goodwill that arises from the Bowl's use of such identifying marks shall inuresolely to the benefit of the Conference. The Bowl agrees that it will not attack the title or rightsof the Conference in and to such Conference identifying marks. The Conference reserves theright to exercise reasonable control over the Bowl's use of its identifying marks, the right to preapprove any such use, and the right to prohibit the Bowl's use of its identifying marks if theConference in its sole discretion determines that such use is inappropriate, provided that nosuch approval shall be unreasonably withheld or untimely delayed. It is the responsibility of theBowl to contact the Conference prior to using the Conference's identifying marks and to contactthe Conference's designated licensor regarding use of such identifying marks if requested to doso by the Conference. The Conference shall cause its designated licensor to comply with theprovisions of this Section 7.7.

7.S Waiver of Licensing Fee by Bowl fo r Awards Purchased by the Institution.Beginning on the date of this Game Agreement and ending upon completion of the playing ofthe Bowl Game, the Institution and, if the Institution is a member of a Conference, suchConference, shall have the right and is granted a royalty-free license to use, on a non-exclusivebasis, the names, slogans, seals, logos, and marks, whether registered or unregistered (suchnames, slogans, seals, logos, and marks hereafter referred to as "identifying marks"), of theBowl solely in connection with the Institution's and the Conference's preparation of a reasonablenumber of Game-related awards commemorating the Institution's participation in the BowlGame for distribution as gifts only to members of the Institution's football team, football coachesand managers, its Official Party, and personnel affiliated with the Institution's Conference. TheInstitution and its Conference, if any, each acknowledges the Bowl's exclusive ownership of theBowl's identifying marks, and any goodwill that arises from the Institution's or its Conference'suse of such identifying marks under this Section 7.8 shall inure solely to the benefit of the Bowl.The Institution and its Conference, if any, agree that it will not attack the title or rights of theBowl in and to the Bowl's identifying marks. The Institution shall not sublicense such licensewithout the express written consent of the Bowl, which shall not be unreasonably withheld. TheBowl agrees to waive its licensing fee for use of the Bowl's identifying marks only with respect toawards prepared under t h i ~ Section 7.8.

All awards provided by the Institution to such persons using the Bowl's identifying marksshall be distributed in accordance with the rules of the NCAA.Article VIII

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Transportation, Parking, and Other ServicesB.1 Transportation fo r the Institution. The Bowl shall provide at no cost to theInstitution the following motor vehicles for the Institution's use for the scheduled duration of thestay in the Miami, Florida area, provided that, the Institution shall be responsible for gaSOlineand other incidental charges:(a) Twenty-five (25) automobiles upon the scheduled arrival of the Institution'sfootball team and for the scheduled duration of such team's stay in Miami, Florida to be usedonly in Miami-Dade, Broward and Palm Beach Counties, Florida;(b) Four (4) motor coaches for the members of the Institution's football team, footballcoaches and staff, and Official Party upon the scheduled arrival of the Institution's football teamand for the scheduled duration of such team's stay in Miami, Florida;(c) One (1) van equipped with a lift to accommodate persons in wheelchairs andother physically disabled persons upon arrival of the Institution's football team and for theduration of such team's stay in Miami, Florida shall be arranged for by the Bowl, provided that

the Institution shall notify the Bowl reasonably in advance if such a van is required;(d) One (1) truck for the transportation of equipment for members of the Institution'sfootball team, football coaches and staff, and Official Party upon the scheduled arrival of theInstitution's football team and for the duration of such team's stay in Miami, Florida;(e) Two (2) trucks for the transportation of baggage available at the scheduled arrivalof the Institution's football team in Miami, Florida and again upon the scheduled departure of theInstitution's football team from Miami, Florida;(f) One (1) limousine or town car, capable of accommodating at least six (6) adultpassengers, and chauffeur, which vehicle and chauffeur shall be available on a four (4) hourpre-scheduled on-call basis upon the scheduled arrival of the Institution's football team and forthe scheduled duration of such team's stay in Miami, Florida; and(g) Van or bus shuttle service for members of the Institution's football team betweenthe entertainment locations and the hotel property lodging such team.B.2 Transportation for the Institution's Conference. If the Institution is a memberof a Conference, the Bowl shall provide at no cost to the Institution the following motor vehiclesfor the Institution's use for the scheduled duration of the stay in Miami, Florida, provided that,the Conference shall be responsible for gasoline and other incidental charges:(a) One (1) limousine or town car, capable of accommodating at least six (6) adultpassengers, and chauffeur, which vehicle and chauffeur shall be available on an on-call basis

upon the arrival of Conference personnel and for the duration of their stay in Miami, Florida; and(b) Four (4) automobiles upon the scheduled arrival of Conference personnel and forthe duration of their stay in Miami, Florida; andThe Conference shall notify the Bowl in writing within ten (10) days of the selection ofteams to partiCipate in the Bowl Game of the expected dates and times of arrival of Conferencepersonnel in the Miami, Florida area and scheduled departure.

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8.3 Police Escort. The Bowl shall provide, without charge to the Institution, anescort by police of the City of Miami or other local law enforcement agency during transportationof the members of the Institution's football team and football coaches and staff to any practicesite or Bowl Game Venue.8.4 Parking fo r the Insti tution. The Bowl shall provide to the Institution free of

charge parking spaces for fifty (50) automobiles and twenty (20) buses at a parking facility at theBowl Game Venue on the day of the Bowl Game.8.5 Parking fo r the Institution's Conference. The Bowl shall provide free ofcharge to the Institution's Conference, if any, parking spaces for twelve (12) automobiles andtwo (2) buses at the Bowl Game Venue on the day of the Bowl Game.

Article IXPractice Facilities

9.1 Practice Facilities. The Bowl shall provide free of charge for the Institution'sfootball team and football coaches and staff access to practice facilities, locker rooms, trainingrooms, and meeting rooms at Barry University, Nova Southeastern University or othercomparable facilities during the Institution's scheduled stay in Miami, Florida. The Bowl shallprovide approximately 50 cases of soft drinks and an adequate amount of ice at the practicefacility. The Institution shall be responsible for all other costs and expenses related to theoperation of such practices, including, without limitation, laundry, equipment, food, and the like.

Article XOfficial Functions

10.1 Official Functions. The Bowl shall sponsor the functions and providecomplimentary invitations or tickets to such functions as shown on Exhibit 4. If additional ticketsto such functions are made available to the Institution or to its Conference, if any, nothing in thisGame Agreement shall be construed to obligate either the Institution or the Institution'sConference to purchase any of the additional tickets to any function made available by the Bowl.If any of the functions specified on Exhibit 4 are determined not to comply with the rulesof the NCAA or the rules of the Conference, if any, of which the Institution is a member, then theBowl shall arrange for a suitable substitute function reasonably agreeable to both the Bowl andthe Institution which shall be in compliance with the rules of the NCAA and the rules of theConference, if any, of which the Institution is a member.10.2 Appearances by Institution's Personnel. The Institution shall make itsPresident, Athletics Director, head football coach, members of its coaching staff, and members

of its football team available for appearances for news conferences, official functions, and otherBowl-related events as reasonably requested by the Bowl. In particular, the Institution agrees tomake available its head football coach and other applicable representatives for attendance atthe functions specifically identified on Exhibit 4 as ''Team Representatives AppearanceObligations."

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Article XIInsurance

11.1 General Liabi lity Insurance. The Bowl warrants and represents that it haspurchased and will maintain comprehensive general liability insurance coverage listing theInstitution and the Institution's Conference, if any, as additional insureds, with combined singlelimits of at least One Million and 0/100 ($1,000,000.00) Dollars per occurrence for bodily injuryand property damage. Such insurance shall include all of the members of the Institution'sfootball team, coaches and staff as additional insureds.

11.2 Automobile Liabi lity Insurance. The Bowl warrants and represents that it haspurchased and will maintain comprehensive automobile liability insurance coverage (coveringnon-owned and hired vehicles and including personal injury protection, uninsured motoristscoverage, and collision and comprehensive liability coverage, with a maximum deductible ofOne Thousand and 0/100 ($1,000.00) Dollars for the actual cash value of the automobiles),listing the Institution and the Institution's Conference, if any, as additional insureds, withcombined single limits of at least One Million and 0/100 ($1,000,000.00) Dollars per occurrencefor bodily injury and property damage. Such insurance shall specifically cover all of themembers of the Institution's football team, coaches, and staff, and any other person affiliatedwith the Institution or the Institution's Conference, if any, and participating in or otherwiseconnected with or a part of the Bowl Game and related activities and events.

11.3 Excess Liabili ty Insurance. The Bowl warrants and represents that it haspurchased excess liability insurance coverage listing the Institution and the Institution'sConference, if any, as additional insureds, with combined single limits of at least Ten Million and0/100 ($10,000,000.00) Dollars per occurrence for bodily injury and property damage. Suchinsurance shall specifically cover all of the members of the Institution's football team, coachesand staff.

11.4 Insti tut ion's General Liabil ity Insurance. The Institution warrants andrepresents that it has purchased and will maintain comprehensive general liability insurancecoverage, and will use its best efforts to list the Bowl, South Florida Stadium LLC (the"Stadium") and the practice site facilities, the lessor of the equipment to be provided by the Bowlto the Institution for use at the practice site facilities, if any, (the "Practice Site Equipment") andother such entities as the Bowl may reasonably request as additional named insureds, withcombined single limits of at least One Million and 0/100 ($1,000,000.00) Dollars per occurrencefor bodily injury and property damage. Such insurance shall specifically cover all members ofthe Institution's football team, coaches, staff, mascot, cheerleaders and other personnelparticipating in the Bowl Game. The following minimum insurance shall also be obtained andmaintained by the Institution for all such covered personnel: (a) basic accident-medicalinsurance to the deductible amount of the NCAA catastrophic injury medical insurance perinjury; (b) catastrophic-injury medical insurance that provides lifetime medical, rehabilitation anddisability benefits in excess of the basic coverage, equal to the NCAA-sponsored program or analternate program sponsored by the NCAA Special Events Committee; and (c) workers'compensation insurance in compliance with applicable statutory limits. The above-referencedcoverages shall be in effect while such covered personnel are traveling to and from, and while inthe Miami-Dade, Broward and Palm Beach Counties, Florida area.

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11.5 Institution's Automobile Liability Insurance. The Institution warrants andrepresents that it has purchased and will maintain comprehensive automobile liability insurancecoverage (covering non-owned and hired vehicles and including personal injury protection,uninsured motorists coverage, and collision and comprehensive liability coverage (with amaximum deductible of One Thousand and 0/100 ($1,000.00) Dollars) for the actual cash valueof the automobiles). and will list the Bowl, the Stadium and such additional entities as the Bowlmay reasonably request as an additional named insured, with combined single limits of at leastOne Million and 0/100 ($1,OOO,000.00) Dollars per occurrence for bodily injury and propertydamage. Such insurance shall specifically cover all of the members of the Institution's footballteam, coaches, drivers, staff, mascot, cheerleaders and other personnel participating in theBowl Game and any other person affiliated with the Institution or the Institution's Conference, ifany, and participating in or otherwise connected with or a part of the Bowl Game and relatedactivities and events. Effectuation of the foregoing insurance, and proof thereof to the Bowl is acondition to the Institution receiving courtesy automobiles as provided in this Game Agreementand, in connection therewith, the Institution further agrees that (0 such automobiles will becovered under its comprehensive automobile liability insurance policy having the minimumrequirements set forth in this Section 11.5; (ii) such automobiles shall not be driven outside ofMiami-Dade, Broward and Palm Beach Counties, Florida; (iii) only representatives of theInstitution over the age of 25 shall drive the automobiles; and (iv) no members of the Institution'sfootball team will drive the automobiles. The Institution shall be solely responsible for anydamage to such vehicles or personal injuries, property damage or death arising with respect totheir use.

11.6 Institution's Excess Liability Insurance. The Institution warrants andrepresents that it will purchase excess liability insurance coverage over and above automobileliability and general liability insurance and use its best efforts to list the Bowl, the Stadium, thepractice site facilities, and such additional entities as the Bowl may reasonably request as anadditional named insured, with combined single limits of at least Ten Million and 0/100($10,000,000.00) Dollars per occurrence for bodily injury and property damage. Such insuranceshall specifically cover all of the members of the Institution's football team, coaches, drivers,staff, mascot, cheerleaders and other personnel participating in the Bowl Game and any otherperson affiliated with the Institution or the Institution's Conference, if any, and partiCipating in orotherwise connected with or a part of the Bowl Game and related activities and events.

11.7 Game Cancellat ion Insurance. The BCS has purchased game cancellationinsurance in the event of postponement or cancellation of the Bowl Game. In the event that theInstitution desires to obtain additional coverage through the Bowl, the Bowl shall usecommercially reasonable efforts to make this coverage available for purchase by the Institutionand its Conference. The Institution and its Conference as applicable shall be responsible for thepremiums for such coverage which, if not paid, shall be deducted from amounts otherwisepayable under this Game Agreement or the Bowl Championship Series Contract.11.8 Coverage. The above referenced coverages to be obtained and maintained bythe Institution shall be in effect while representatives are traveling to and from, and while in theMiami, Florida area. The Institution shall use its best efforts to cause the Bowl, the Stadium andthe practice site facilities to be named as an additional insured under all such policies (with theexception of the workers' compensation policy) and shall use its best efforts to furnishcertificate{s) of insurance evidencing the above referenced coverages prior to departure for theBowl Game. This insurance shall be primary to any insurance carried by the Bowl. and theInstitution shall use its best efforts to obtain waivers of its insurers' rights of subrogation againstthe Bowl and its insureds. In the event that the Institution does not have, and is unable to

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acquire, the coverages to be provided and maintained under Sections 11.4, 11.5, 11.6 and 11.7(including, without limitation, endorsements to the effect that the Bowl, the Stadium and thepractice site facilities are additional named insureds, it shall provide written notice to the Bowland the Bowl shall use its commercially reasonable efforts to obtain such insurance on behalf ofthe Institution and shall deduct the cost thereof from amounts otherwise payable under thisGame Agreement or the Bowl Championship Series Contract. The Institution shall be requiredto obtain and maintain the foregoing insurance whether or not it is a state institution.

Article XIIDeSignation of Home and Visi ting Teams

12.1 Designation of Home and Visi ting Teams. The Institution agrees that theConference Champion of the Conference scheduled to host the Bowl Game under the terms ofthe Bowl Championship Series Contract shall be designated the home team for the Bowl Game.If such Conference Champion does not play in the Bowl Game (e.g., because such teamqualifies to play in the BCS National Championship Game), then the team participating in theBowl Game and occupying the higher spot (i.e., the lower number) in the BCS Standings shallbe entitled to choose whether it wishes to be the home team or the visiting team. In addition,the home team shall have the right to select either light or dark jerseys for its game attire.

12.2 Team Usage. The Institution hereby grants to the Bowl the right to use thenames, pictures, likenesses, voices, and biographical materials of the members of theInstitution's football team, the Institution's football coaches and staff, the Institution's faculty,cheerleaders, band members and any other persons representing the Institution who areparticipating in or otherwise connected with or a part of the Bowl Game in accordance with therules of the NCAA with respect to promotion of the Game and in its Game program and pressmaterials.Article XIII

Game Rules and Officials13.1 Game Rules. The official playing rules of the NCAA, per its applicableregulations and bylaws, shall govern the conduct of the Bowl Game, except that the Institutionand the Bowl agree that the half-time intermission shall not exceed twenty-two (22) minutes.13.2 Game Officials. A neutral officiating crew shall be used in the Bowl Game,assigned through the jurisdiction of the NCAA Postseason Football Licensing Subcommittee,from a Conference or other officiating organization that does not have a member institutionparticipating in the Bowl Game.13.3 Expenses of Game Officials. The fees due game officials and expenses of

such officials shall be paid as provided in the NCAA Rules.Article XIV

Television, Radio, and Sponsorships14.1 Telecast of the Game. The Institution and its Conference hereby agree that theBowl shall not be responsible for the telecast of the Bowl Game or the content thereof, which

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shall be within the sole control and sole responsibility of the Fox Broadcasting Company ("Fox"),as more fully described in the Bowl Championship Series Contract and the Exhibits thereto.The Bowl will not grant access to the applicable stadium, without Fox's prior written consent toany other film or television crew for live broadcast from the Bowl Game Venue during the periodbeginning sixty (60) minutes before the scheduled time of kickoff and ending upon completion ofthe game. The Bowl shall have the option to permit other ENG, videotape or film crews,including those authorized to film or videotape a Game for display on an in-stadium video boardor for use by the coaching staff of a participating institution. No such ENG, videotape or filmcrews shall be allowed to telecast the Bowl Game or provide any feed or other signal for a livebroadcast of the Bowl Game. No video or audio portions of the game may be used by suchENG, videotape or filming entity or by any third-party or entity that has contracted with, or isaffiliated with, such ENG, videotape, or filming entity for commercial purposes other than acoach's show broadcast after the Bowl Game and that is part of a regularly broadcast series ofshows featuring the Institution's coach and regularly includes film highlights of the Institution'steam's games during the regular season. With the exception of the aforementioned coach'sshows, no more than 3 minutes of footage or other audio or video depictions of the Bowl Gamemay be used by any ENG, videotape or filming entity.

14.2 Sideline Rights and Site Advertising. The Institution acknowledges andagrees that Fox and its marketing partners have the exclusive right to provide "sideline goodsand services" to the participating teams at each BCS Bowl game. "Sideline goods and services"include, but are not limited to, food and drinks, cups, coolers, squeeze bottles, other drinkholders, towels and other similar paraphernalia, coaches' headsets, and any other product usedon the sideline that gives visibility to any company or trade name, logo or identifiable colors, butnot including the names and logos of the participating Institutions, Conferences and Bowl. Foxwill provide each team with cups, coolers, squeeze bottles and towels for team use. Fox hascontracted exclusively with a sponsor (currently Gatorade) as the official supplier of such items.Should conflicting agreements preclude the Institution from using such items, Fox shall supplygeneric BCS items that the Institution shall use. No other cups, coolers, squeeze bottles andtowels, headsets, or other sideline services will be permitted in the bench area or on thesidelines without Fox's express written approval in advance.

The Bowl and Institution agree that, except for permanently-affixed signage, nobillboards or displays for any product, service, or other commercial entity will be visible withinFox's normal television camera range at any the Bowl Game (including, without limitation,(i) names and logos appearing on the clothing, uniforms or headset of the players, coaches,officials or any other persons appearing within camera views, and (ii) equipment used on thesidelines such as cooling fans, provided however, that neither the inclusion of a sponsor's nameor mark in a Bowl Game logo or BCS logo nor any deals between an Institution and supplier thatmay include that supplier's customary patches on player's uniforms and coaches' clothing shallbe a violation of this provision) during Fox's telecast thereof unless they have been submitted toFox for its approval in advance of the Bowl Game. Nothing herein shall be deemed either toexpand or to limit whatever rights Fox may have to place advertising at the Bowl Game forinclusion in its telecasts in accordance with Fox's agreement with the BCS, even if such signageis for companies competitive with companies represented by permanent signage.

14.3 Institution Radio Rights. Institution has the right to authorize its regular seasonradio network to make a radio broadcast of such the Bowl Game on its existing radio networkstations within the home state of such Institution, and across state lines to the extent suchcross-over is included in its DeSignated Market Area, but no Institution's satellite rights canextend to or include the Bowl Game covered hereunder. Additionally, no Institution or any

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station within its radio network permitted to broadcast a game under this Agreement may streamsuch broadcast over the Internet.Subject to the consent of ESPN Radio, a non-commercial, student-operated radio stationat the Institution may make a radio broadcast of such Institution's game provided that: (a) thestudent-operated radio station broadcasts each home game that the Institution played during

the most recently completed college football Regular Season; (b) such student-operated stationreaches only the Institution's campus and immediately surrounding vicinity; (c) such studentoperated station does not broadcast such game over satellite radio or stream its broadcast overthe Internet; and (d) there is space available at the venue hosting the game.Article XV

Miscellaneous15.1 NCAA Rules. To the extent that any provision of this Game Agreement is inconflict with the rules, regulations, and orders promulgated by the NCAA for the governance ofDivision I intercollegiate athletics, including but not limited to, those rules, regulations, and

orders promulgated specifically for the governance of Division I college football and PostSeason college football, such rules, regulations, and orders of the NCAA shall take precedenceover the terms of this Game Agreement. If the rules, regulations, and orders of the NCAA shallchange during the term of this Game Agreement in a manner that alters the economicprovisions of this Game Agreement in any material respect, then the parties to this GameAgreement shall agree on appropriate adjustments in the amounts to be paid by the Bowl underthe Bowl Championship Series Contract.The Institution and its Conference, if any, warrant and represent that, to the best of theirknowledge, this Game Agreement does not conflict with the rules, regulations, and orderspromulgated by the NCAA as such rules, regulations, and orders existed at the time this GameAgreement was executed. If the rules, regulations or orders of the NCAA, or the understandingof the Institution, its Conference, i f any, or the BCS of such, should change during the term ofthis Game Agreement in any material respect, then appropriate adjustments shall be made inaccordance with the Bowl Championship Series Contract.15.2 Force Majeure. Neither the Bowl, the Institution, nor the Institution'sConference, if any, shall be held in default or liable for damages to the extent or for the periodcaused by any delay or failure to perform under this Game Agreement due to causes beyondthe party's reasonable control, including, but not limited to, acts of God, fire, flood, hurricane,national emergency, insurrection, riot, acts of war, terrorism, quarantine restrictions, embargoes,strikes, acts of government (including, but not limited to, any law, rule, order, regulation, ordirection of the United States Government or of any other government, or of any department,agency, commission, bureau, court, or instrumentality thereof, or of any civil or military authority)(an event of "Force Majeure"), provided, however, that the BOWl, the Institution, and theInstitution's Conference, if any, shall use their commercially reasonable efforts to carry out thepurposes of this Game Agreement notwithstanding the occurrence of an event of ForceMajeure.15.3 Governing Law. This Game Agreement shall be governed by and construed inaccordance with the laws of the State of Florida without regard to conflicts of law principlesthereunder.

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15.4 Assignment and Delegation. This Game Agreement may not be assigned ordelegated in whole or in part by the Bowl or the Institution without the prior written consent ofthe other and of the competing Institution. Any attempted assignment or delegation in violationof this Section 15.4 shall be void.15.5 Waiver. Any waiver or consent by the Bowl, the Institution, or the Institution's

Conference, if any, to any variation from any provision of this Game Agreement shall be validonly in the specific instance in which it is given, and no such waiver or consent shall beconstrued as a waiver of any other provision of this Game Agreement or with respect to anysimilar instance or circumstance. All waivers to be effective shall be in writing and signed by theparties hereto or their respective authorized representatives.15.6 Binding Effect. Subject to the provisions of Section 15.4 of this GameAgreement restricting assignment and delegation, this Game Agreement shall be binding uponand shall inure to the benefit of the Bowl, the Institution. and the Institution's Conference, if any,and their respective successors and assigns.15.7 Severability. In the event that any provision of this Game Agreement or the

application thereof to any party or circumstance shall be finally determined by a court of properjurisdiction to be invalid or unenforceable to any extent, the remainder of this Game Agreementand the application of such provision to parties or circumstances other than those to which it isheld invalid or unenforceable shall not be affected thereby. and each provision of this GameAgreement shall be valid and enforced to the fullest extent permitted by law, provided howeverthat if severance of such invalid or unenforceable provision(s) alters in any substantial andmaterial respect the economic provisions hereof or of the Bowl Championship Series Contract,then the parties and the BCS shall agree on appropriate adjustments to this Game Agreement.15.8 Amendment. This Game Agreement may not be amended, altered, or modifiedexcept by an instrument in writing, duly executed by the Bowl, the Institution, and theInstitution's Conference, if any.15.9 Governmental Action. The compliance of any of the parties to this GameAgreement with any governmental action or decree or any order, rule, regulation or decree bywhich any party to this Game Agreement is bound which limits, restricts, or affects theperformance of any obligation under this Game Agreement shall not constitute a breach of thisGame Agreement.15.10 Captions. The captions contained in this Game Agreement are inserted forconvenience of reference only and shall not in any way define 'or affect the meaning,construction, or scope of the provisions captioned.15.11 Relationship. No agency, partnership, joint venture, or other representative orfiduciary relationship between the Bowl and the Institution or the Institution's Conference. if any,is created by. or may be implied or inferred from, the execution of this Game Agreement, theconduct of their joint activities as contemplated by this Game Agreement, or the consummationof the transactions contemplated hereby. It is acknowledged and agreed that each of the Bowl,the Institution. and its Conference, if any, is acting as an independent contractor.15.12 Additional Actions and Documents. Each of the parties to this GameAgreement agrees to take or cause to be taken such further actions to execute, deliver, and file,or cause to be executed, delivered, and filed, such further documents and instruments, and to

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use its best efforts to obtain such consents or approvals as may be necessary or as may bereasonably requested in order to effectuate fully the purposes, provisions, and conditions of thisGame Agreement.15.13 Unrelated Business Income Taxation. In the event that, in the year in whichthe Bowl Game is played, the Bowl shall incur liability for federal or state unrelated business

income tax on advertising or corporate sponsorship revenues it receives from a Bowl Game related event as that term is defined by the NCAA, the Institution or its Conference, if any, shallreimburse the Bowl for a portion of such tax under a formula to be determined by the Bowl andthe Institution or its Conference, if any, which shall be in proportion to the amount of thepayment made by the Bowl under the terms of the Bowl Championship Series Contractcompared to the gross receipts of the Bowl as defined by the NCAA for such game.15.14 Responsibilities of the Insti tut ion and Indemnification. The Institution shallbe responsible for, and indemnify and hold the Bowl, the practice site facilities referred to inSection 9.1 and the Bowl Game Venue harmless from, any and all liabilities arising out of or inconnection with (i) any act or omission on the part of the Institution, the members of its footballteam, football coaches and staff, Official Party, marching band, band directors, cheerleaders, or

Institution employees, representatives, or agents, or (ii) any breach or default of any of itsobligations and covenants contained in this Game Agreement, or (iii) its use of the Practice SiteEquipment to be provided by the Bowl to the Institution for use at the practice site facilities,including, without limitation, any personal injuries, death or property damage, or any damage to,loss, theft or destruction of the Practice Site Equipment. Nothing in this Game Agreement,however, shall be construed as an express or implied waiver by the Institution of any applicablegovernmental or sovereign immunity, as an express or implied acceptance by the Institution ofliabilities arising as a result of actions which lie in tort or could lie in tort in excess of anyliabilities allowable under applicable law, as a .pledge of the full faith and credit of any state, oras the assumption by the Institution of a debt, contract or liability of the Bowl in violation ofapplicable law. Notwithstanding the foregoing, in the event that an Institution is limited orprevented from providing the full indemnity provided above, then any liabilities shall be paid bythe Institution from any monies paid or to be paid by the Bowl to or for the benefit of theInstitution under this Game Agreement and the Bowl Championship Series Contract, and anysuch amounts may be withheld by the Bowl for such purposes.

The Institution's Conference, if any, agrees to indemnify and hold the Bowl, the practicesite facilities and the Bowl Game Venue harmless from any and all liabilities arising out of or inconnection with (i) any act or omission on the part of the Conference, its employees,representatives, agents, or designated guests or invitees of the Conference or (ii) any breach ordefault of any of its obligations and covenants contained in this Game Agreement.The Bowl agrees to indemnify and hold the Institution and its Conference, if any,harmless from any and all liabilities arising out of or in connection with (i) any act or omission onthe part of the Bowl, its employees, representatives, or agents, or (ii) any breach or default ofany of its obligations and covenants contained in this Game Agreement.For purposes of this Section 15.14, liabilities shall mean all liabilities, expenses,damages, losses, deficiencies, assessments, interest, penalties, claims, suits, actions,proceedings, investigations, judgments and costs (including reasonable attorneys' fees anddisbursements) whatsoever, whether suit is instituted or not and, if instituted, at any trial orappellate level and settlement.

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15.15 Execution. To facilitate execution, this Game Agreement may be executed incounterparts; and it shall not be necessary that the signatures of each party appear on eachcounterpart; but it shall be sufficient that the signature of each party appear on one or more ofthe counterparts. All counterparts shall collectively constitute a single agreement. It shall notbe necessary in making proof of this Game Agreement to produce or account for more than anumber of counterparts containing the respective signatures of all of the parties to this GameAgreement. Delivery of executed signature pages by facsimile transmission shall constituteeffective and binding execution and delivery.

15.16 Survival. The provisions of the last sentences of Sections 6.1(a) through (d),6.2(a) and (b), and 6.3(a) through (c), Sections 6.4, 6.5, 7.6 and 12.2 and Articles XI and XVshall survive the performance of this Game Agreement.15.17 Institution's Obligations.(a) The Institution hereby agrees to have its football team and representatives of theInstitution available at Miami, Florida, in accordance with the schedule in the BowlChampionship Series Contract for the Bowl Game, for purposes of participating in such

activities, and to cause its football team and other university representatives, including, withoutlimitation, its marching band and cheerleaders to participate in the Bowl Game and other eventsat the times set forth for such events as reasonably specified by the Bowl, as listed on Exhibit 4.(b) The Institution agrees to respond to all reasonable requests for information fromthe Bowl in any way related to the Bowl Game or other activities, including, without limitation,team rosters, names of members of the Institution's Official Party and media guides. Inaddition, the Institution agrees to promptly furnish the Bowl with a list of current sponsorshiparrangements of the Institution so that the Bowl may identify and attempt to resolve corporatesponsorship conflicts.(c) In addition to the appearance of its football team and marching band at the BowlGame, the Institution agrees to cause the designated members of its football team and otherrepresentatives of the Institution to be available to attend those events reasonably specified bythe Bowl, including, without limitation, news conferences, press brie'nngs, media/photo day andpost-Game ceremonies and interviews, as listed on Exhibit 4.(d) Except as otherwise expressly set forth in this Game Agreement, the Institutionshall be responsible for all scheduling and transportation of its football team members and otherrepresentatives of the Institution in connection with both travel to and from and within MiamiDade, Broward and Palm Beach Counties, Florida, including, without limitation, to practicefacilities and events.15.18 Bowl Championship Series Contract. The parties acknowledge that thisGame Agreement is subject to the terms and provisions of the Bowl Championship SeriesContract and that they are in agreement with the rights granted and the obligations imposed bythe Bowl Championship Series Contract.

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IN WITNESS WHEREOF, each of the parties to this Game Agreement has caused thisGame Agreement to be duly executed on its behalf by an authorized representative, as of theday and year first hereinabove written.THE ORANGE BOWL COMMITTEE, INC.

By:______________Phillis Oeters President

B y : . ~ - = - - - - - - - - - - - - - - Eric Poms Chief Executive Officer

UNIVERSITY OF IOWA

By:_______________Name: Title:

BIG TEN CONFERENCE

By:._______________Name: Title:

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