joey jones employment contract

7/23/2019 Joey Jones Employment Contract

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UNIVERSITY

OF

SOUTH

ALABAMA

ATHLETIC

EMPLOYMENT

CONTRACT

TIEAD COACH

This Employment

Contract

is

made this

the lst day of

April,

2011,

between

the

UNIVERSITY

OF

SOUTH

ALABAMA

(the

University )

and

Joey

Jones

( Coach )

in the

role

as

Football

Head

Coach.

ARTICLE

I

PURPOSE

The

University

and

Coach

have entered

into this Employment Contract

because

the

UNMRSITY

desires

to hire Coach

for

a designated

period

ending the

25th day of

February,

2016, with the

Coach's

assurance

to serve

the entire

term

of this

Employment

Contract,

a

long-

term commitment

by

Coach being

critical

to the

University's

desire to

run a stable sports

program

(hereinafter

referred

to as

Program ).

The University

and

Coach

agree

that

head coaches of intercollegiate

athletic

teams at

the

Universify

conduct their

professional activities under

circumstances unique

in the family

of

University

employees,

including evaluation

and scrutiny

of

team

performances

by

the

public

and

the

media and

control by

extemal

rules and

regulations.

The University

has agreed

to

employ,

and

Coach

has

promised

to be employed

by

the

University

upon

the

following

terms and

conditions.



Coach

shall

be

an employee

of the

University

with

the

terms and

conditions of

this

employment

restricted

solely

to

this

Employment

Contract. Furthermore,

Coach

understands

and

acknowledges

that

this

employment

with the

University

is not

a

tenure-track

position

and

will

not lead to

tenure.

At

the conclusion

of

the season,

the

performance

of the

team

will

be

evaluated

and the

contract

reviewed.

The evaluation

will

be determined

by the

Director

of

Athletics.

ARTICLE

II

POSITION

2.OI

DESCRIPTION

OF

DUTIES

AND

RESPONSIBILITIES

A. RECOGNITION

OF

DUTIES

Coach

agrees

to be

a

loyal

coach of

the

Universify. Coach

agrees

to

devote their

best

efforts

full

time

to the

performance

of

duties

for the

University,

to

give

proper

time and

attention

to firrthering

their

responsibilities

to the University

and

to comply

with

all rules,

regulations,

policies,

and decisions

established

or

issued by

the

University.

Coach

also

agrees

that,

notwithstanding

any

other

provisions

of this

agreement,

during the

term of this

Employment

Contract, they

will

not engage,

directly

or

indirectly,

in any

business

which would detract

from

their

ability to

apply their

best efforts

to the

performance

of

duties

hereunder.

B.

GENERAL

DUTIES

AND

RESPONSIBILITIES

During

the

period

in which

the

Universify

employs

Coach in

this

position Coach

agrees

to

undertake and

perform

all duties

and

responsibilities

attendant

to the

position

as set

forth

herein.



C.

SPECIFIC

DUTIES

AND RESPONSIBILITIES

WHILE

EMPLOYED

AS

COACH

As of

the

beginning

of this

Emplolirnent

Contract,

the duties

and

responsibilities

assigned

to

the Coach

are as

set

forth

below.

This

list of

specific

duties and

responsibilities

supplement,

and is

not

exclusive

of,

the other

general

duties

and

responsibilities

provided for

elsewhere

in this

Employment

Contract.

1. Provide

the

University

with

his dedicated and conscientious

service

in

carrying

out

the duties

and

responsibilities

as set

forth herein or

as

may be

assigned

by the

Director of Athletics

and

perform

the duties

and

responsibilities

in

a

manner

consistent

with

State and

University

rules,

regulations

and

policies.

2. Be

primarily

responsible

for all aspects of the

Program

including budget,

scheduling

and

recruiting,

training,

supervision, evaluation

and

performance

of

student-athletes

and

coaching

staff,

subject

to the approval

of the

Director

of Athletics.

3.

Abide by and

comply

with

the constitution,

bylaws, and

interpretations

of

the

National

Collegiate

Athletic Association

(NCAA)

and

the Sun

Belt

Conference,

or any

other

conference the

University

may

choose to enter,

as

well as

all

University

rules and

regulations relating to the conduct

and

administration

of the

Program.

In the event that Coach

becomes aware,

or

has a reasonable

cause

to believe,

that violations

of such constitution,



4.

bylaws,

interpretations,

rules

or

regulations

may have taken

place,

Coach

shall

report

the

same

promptly to the

Director of

Athletics

of

the University.

Use

best efforts

to

ensure

that

all academic

standards,

requirements

and

policies

of

the

University,

the

NCAA and the

Sun

Belt Conference

are

observed

by

themselves

and

by members of

the coaching

staff at

all times,

including

those

in

connection

with

the recruiting

and eligibility

of

prospective

and current

student athletes

for the

Program,

and ensure

that

said

standards,

requirements

and

policies

are

not

compromised

or violated

at

any

time.

Further,

Coach

will

maintain

the leadership

role in

the

effective

management

of

the

Academic

Progress

Rate

(APR).

The expectation

will

be

that

the

football

program

will

obtain single

and multi

year

APR

scores

of

925

or better.

Use

best efforts,

in conjunction

with

the

University,

to ensure

that all

student

athletes

recruited

for the

program

are

provided

proper

academic

counseling

and

are encouraged

to and

given

every

opportunity

to

meet the

degree

requirements

necessary

to

graduate

from the

University.

Recruit,

coach,

and train

the

student athletes

to compete

successfully

against

major

college

competition

in

a

quality program.

Use

best efforts

to ensure

that the

program's

student

athletes conduct

themselves

in

a

manner that

will

reflect

a

positive

image

for

the

University.

Use

best

efforts

to keep

public

statements complimentary

of the

athletics

program

and

of

the

University.

5.

6.

7.

8.



9. Use

best efforts

to establish

and

maintain

a

frequent

and

systematic

program

of

personal

communication

with

the

University's student

body, faculty, and

staff.

10.

Represent

the

University

from time to time

in

public

relations duties

as

assigned

by the

members

of Athletic Administration,

which

relate to various

University

programs including appearances

before

civic

and student

groups.

11.

Represent

the University

with the highest degree

of

professionalism and

decorum

both

in and

out of competition.

D.

In

the

event the

University

determines that

Coach

has

violated

any

duty or

responsibility

required

under

Section

2.01C.,

above,

Universify

shall

provide

Coach

with

wriuen

notice of any

such

purported

violation

within thirty

(30)

days

of

leaming of said

violation,

stating

with

specificity

the nature of the

purported

violation.

Coach shall

have

a reasonable

time

(not

to

exceed

twenty

[20]

days)

to

respond

to

the

University

regarding

any such

purported

violation.

2.02 DISCPLINARY

ACTIONS

FOR

VIOLATIONS

OF

NCAA OR

CONFERENCE

RULES AND

REGULATIONS

If Coach

is found to be

in

violation

of University, NCAA or Conference

Constitution,

bylaws, rules

and regulations,

Coach

shall be subject to disciplinary andlor

corrective actions by

the

University,

up to

and including

termination

of this contract,

as

provided

in

Section

5.01.



2.03

REPORTINGRELATIONSHIPS

The

parties

(without delineating

the

particular

terms

and conditions)

acknowledge

that

eachparty

will

use its

best

efforts

and will

cooperate

with the

other

to

provide

the

following

support

for the

Program.

A.

Coach's

immediate

supervisor

for

purposes

of

implementing

the contract

shall

be

B.

the

Director

of

Athletics

of

the

Universify;

all matters

pertaining

to

the operation

of the

Program

shall

be subject

to the

direction

and

control

of the

Director

of

Athletics.

The

overall

policy

of

the entire athletics program shall remain the exclusive

prerogative

of the

University.

The

Coach

shall administer

the daily

routine

and

organization

ofthe

Program

as they

deem

necessary

to

effectuate

its success,

provided such

administration

shall

be

in accordance

with

the

policies established

by the

Director

of

Athletics.

Coach

shall

have

primary responsibility

for

decisions

relating to

choice and

scheduling

of opponents,

means

of travel

to

be

employed,

hotel,

food

accommodations,

size and

content

of the travel

squad

andpafi,

and

all

other

matters

pertaining to the operation

of

similar

phases

of

the

Program, but

final

decisions

in such

matters

shall

be

with

the Director of

Athletics.

It

is

specifically

agreed

and

understood

that travel

arrangements

shall

be made

in

conformance

with

any

contractual

agreements between

the

University

and

the

travel

agency

contracted

by

the

University.

C.



Coach

shall

have

the

right

to

release,

hire, and

retain assistant

coaches

subject

to

the

approval

of

the

Director

of

Athletics.

Coach

shall

have

primary

responsibility

for

developing

the

budget

annually

for

the

Program

subject

to the

approval

of the

Director

of

Athletics.

Further,

if

the

University

atany

time

decides

to

change

its competitive

status

under

the

NCAA

rules,

regulations

and/or

constitution

regarding

competition,

(e.g.

Program

becomes

Division

II)

to any

status

lower

than

Division

IA,

or

if

the

entire

Athletic

Program

of the

University

is

placed

on

probation by the

NCAA

due

wholly

to

reasons

unrelated

to

the Program,

Coach

shall

have

the

right

to terminate

this

agreement

immediately

and

all

payment

provisions or obligations

of

either

party

herein shall

be

null

and

void.

ARTICLE

III

TERM

OF

EMPLOYMENT

The initial

term

of this

Employment

Contract

shall be

for a

period

beginning

on

the

l't

day

of

Apr il,

20ll

and

expiring

on

the 25th

day

of

February

,

2016.

ARTICLE

IV

COMPENSATION

/

BENEFITS

In consideration

for the

promises Coach

has

made

in

entering

into this

Employment

Contract,

Coach

shall

be

entitled

to

the

following

forms of compensation:

guaranteed base

salary

D.

E.



payment;

the

possibility of

merit

increases

in

base

salary;

fringe benefits;

and opportunities

to

earn outside

income,

including

summer

culmps.

Each of these

forms

of

compensation

is

described

below. All

payments from

the

Universify

are subject

to normal

deductions

and

withholding

for State,

Local

and

Federal taxes

and

for

any

retirement

or other

benefits

to

which

the Coach

is entitled

or

in which

he

participates.

These

payments

are also

subject to

the terms

and conditions

of this

entire

Employment

Contract

including those

relating to

termination.

Any

across

the board

salary

reduction

for University

employees

will apply

to this contract.

4.OI

SALARY AND BENEFITS

A.

In consideration

of

the

services

performed

by the Coach,

the

University

of

South

Alabama

agrees

to

pay

to the

Coach

in

the

role of

Head Coach an

annual salary

of

S301,200

payable

in equal

monthly

installments

during the

term of this

contract.

The annual

salary

includes

a

$25,000

payment

to

Coach

in

return

for

agreed

upon

appearances

and

conditions

with

IMG

Communications

conceming

media

rights

as

identified

in an

Amendment

to Employment

Contract

entered

into

on

January

27,2009.

In addition

Coach

will

receive a

$12,000

expense allowance

payable

in

equal

monthly

installments

during the

term of the contract.

A.(2) Coach's

annual

salary

will

be

$325,000

on

September

1,

2011.

The

annual

salary

contains

a base

salary

of

$300,000

and a

payment

of

$25,000

in return

for agreed

upon

appearances

and

conditions

with

IMG

Communications conceming media

rights as

identihed

in an

Amendment

to

Employment Contract entered

into on



B.

January

27,2009.

In addition

Coach

will receive

a

$12,000

expense allowance

payable

in equal

monthly

installments

during the term

of

the contract.

During

the

term

of this

Employrnent

Contract, the

Coach shall

be eligible

for

usual,

normal

University

salary

increases

or

equivalent

given

to

Administrative

employees

for

a

particular fiscal

year

in the event

that such

increases are

given

and

as

long

as

the

football

program's single and

multi

year

Academic Progress

Rate

(APR)

is925

or

higher.

Coach

shall be

entitled

to the

standard University

fringe

benefits appropriate

to

Coachos

classification including

group

life

insurance,

medical

coverage and

other

standard

benefits.

If

any benefit

is

based

in whole

or in

part

upon

salary

paid

to

Coach,

such benefit

shall

be

calculated

without including

any outside

income

paid

in

accordance

with

the

provisions

of this

Employment Contract.

Coach

shall

be

eligible

for

12 days sick

leave

per

year

which

will

accrue

at arate

of 1 day

per

month.

The

University will

reimburse

the Coach

for

all

travel and out-of-pocket

expenses

reasonably

incurred

for the

purpose

of and

in

connection

with

the

performance

of

duties

under this

Employment Contract;

however, such

reimbursement

must be

in accordance

with

University

regulations and State

Law.

Such

reimbursement

will

fuither

be

made

in

accordance

with

the

standard

procedures

of

the

University

upon

presentation

to the

University

of appropriate

statements

itemizing

such expenses

and appropriate documentation.

C.

D.

E.



F.

In

the

event

the

University

becomes

a

member

of a

conference

other

than

the

Sun

Belt

Conference,

the

salary

of

the

Coach

will

be

reviewed

and

adjusted

to

better

reflect

the

salaries

ofthe

head

coaches

ofthe

conference'

4.02

COACH'S

BONUS

A.

PERFORMANCE

BONUS.

Coach

is eligible

to

receive

the

following

bonuses:

In

the

2011

season

(to

be

paid

February

1,2012):

o

If the

team

wins

eight

of

ten

games 50Yo

of

a

month's

salary,

less

payroll

deductions:

o

If

the team

wins nine

of

ten

games a

month's

salary, less

pa1'roll

deductions:

o

If

the

team

wins

all

games

a

month

and

a

half

s salary,

less

payroll

deductions.

o

In

the

2012

season:

o

If the

team

wins

eight

games 40Yo

of

a

month's

salary,

less

payroll

deductions:

o

If

the

team

wins

nine

games

600/o

of a

month's

salary,

less

payroll

deductions:

o

If

the

team

wins

ten

games

80%

of

a

month's

salary'

less

payroll

deductions:

o If

the

team

wins

eleven

games

a

month's

salary, less

payroll

deductions.

o

If the

team

wins

twelve

or

thirteen

games a

month

and

a

half

s salary,

10



less

payroll

deductions.

ln the

2013 season and beyond:

o

If

the team

wins the Sun

Belt

Championship

a

month's

salary,

less

payroll

deductions.

o Sixty

percent(60%)

of

one

month's

salary, less

payroll

deductions,

if

the

team

participates

in

a

Bowl

game

but does

not

win

the Sun

Belt

Championship.

.

Forty

percent

(40%)

of one month's

salary, less

payroll

deductions,

if

the team

wins

a

Bowl

game

but

does

not

win

a

Sun Belt Championship.

o

$5,000,

less

payroll

deductions, if selected as

Coach

of the Year in the Sun

Belt Conference.

ACADEMIC

PERFORMANCE

BONUS

o

$5,000,

less

paynoll

deductions, if

the single

year

APR

exceeds 925

or

the

conference

single

year

average whichever is

greater.

This bonus will be

paid

subsequent to

official

single

year

APR

scores being released from the NCAA

(the

spring

following the

academic

year

in

question).

If

COACH

is

not

employed at the University

at the

time of the release of the scores the bonus

shall

not be

paid.

4.03

OPPORTUNITIES

TO EARN OUTSIDE

INCOME

B.

11



While

Coach

is representing

the

University

in

this

position,

he

shall

have

the

opportunity

to

earn

outside

income

as

a

result

thereof

through

summer

camps

and

similar

activities,

but

only

upon

the

following

terms

and

conditions:

The

following

general

terms

and

conditions

shall

apply

to

each

case

in which

Coach

seeks

to or

makes

arrangements

to

earn

outside

income

as a

result

of

Y.

Such

outside

activities

shall

not

interfere

with

the

ful1

and

complete

performance

by

Coach

of

their

duties

and

obligations

as

a

University

coach,

recognizing

always

that

Coach's

primary

obligations

lie

with

University

and

its

students;

2.

NCAA

RULES

CONTROL.

In

no event

shall

Coach

accept

or

receive

directly

or

indirectly

any

monies'

benefit

or

any

other

gratuity

whatsoever

from

any

person,

group, corporation,

Jaguar

Athletic

Fund, or

Alumni

Association

if such

action

would

violate

Sun

Belt

Conference

or

NCAA

legislation.

The

constitution,

bylaws,

rules,

and

regulations

or

interpretations

thereof

shall

automatically

apply

to

this

Contract;

3.

UNIVERSITY

APPROVAL

IS

REQUIRED.

COACh

ShAII ObtAiN

thE

advance

written

approval

from

the

President

and

Director

of

Athletics

of

the

University

before

entering

into

such

agreements.

Approval

shall

not

be

unreasonably

withheld

;

A.

PROVISIONS

holding

this

position:

12



B.

4.

UNIVERSITY

IS NOT LIABLE. Such

activities are independent

of

Coach's

employment

at

the

University and

the

University shall have

no

responsibility

nor bear any

liability for

any claims arising therefrom;

5.

REVENUES.

Except

for the limitations

on such outside compensation

as

established by

or

set

forth

in

this

agreement and

in

the

constitution, bylaws,

rules

and

regulations and interpretations thereof

of University;

the Sun

Belt

Conference,

or any other

conference

Universify

may

choose

to

enter; and the

NCAA,

the Coach shall be entitled to

retain

all revenues

generated

by such

outside

activities.

Notwithstanding

the

above and

foregoing,

all

activities

in

which Coach

may be

engaged

and for

which

income

compensation is

received

must be

in

accordance

with

the State

Ethics

Law.

SUMMER CAMPS

Coach shall

have

the opporfunity

to use

Universify

facilities, when

available and

pre-approved

by the athletic

director, in

connection

with

camps run

by Coach and

using their

name,

provided

that

the University

is reimbursed

by Coach

for

excessive

wear and tear use

of

the

facilities.

Coach

will

be

responsible

for

procuring

at

the Coach's own

expense the insurance

for camps

that

is

required by

the

University.

Coach

may not use the name

of the University in the name

of

the

camp.

Any

profits

made by Coach from

this enterprise shall be retained

by

them solely.

OUTSIDE

INCOME EXCLUSIONS/REPORTING

.

13



1. COMMERCIAL

ENDORSEMENTS/PROMOTIONAL

ACTIVITIES'

No

promotional

activities,

including

commercial

endorsements,

television

and

radio

programs,

may

be

made

without

prior written

approval

of University

and

its

marketing

representatives,

IMG

Communications,

Inc.

(IMG).

Coach

agrees

to

engage

in all

promotional

activities

reasonably

requested

by

University

and

IMG

associated

with

productions

andlor

related

marketing

activities

relative

to

Coach's

respective

sport'

2. REPORTING

OTHER

INCOME.

Coach

shall

report

annually

in

writing

to

the

president

of

the

University

through the

Director of Athletics

on or before

the

first

day

of

each

calendar

year, all athletically

related

income

from

sources

outside

the

Universify,

including

summer

camps

or consultation

contracts

with

entities,

and

the

Universify

shall

have

reasonable

access

to all

records

of

Coach

necessary

to

veriff

such

reports.

ARTICLE

V

TERMINATION

Coach

recognizes

that

his/her

promise to

remain

the

University's

coach

through

the

entire

term

of

this

Employrnent

Contract

is

of the

essence.

It

is also

recognized,

however,

that

certain

limited

circumstances

may

make

it appropriate

for the

University

to terminate

this

Contract

prior

to

the

completion

of

its

entire

term'

L4



5.01

TERMINATION

BY UNIVERSITY

FOR CAUSE

The

University

shall

have

the

right to terminate this Employment Contract for cause

prior

to its

normal expiration

date. Notwithstanding

an1'thing

herein

to

the

contrary, in the

event

that

the

Universify

terminates

the Contract

on

the

basis

of

any one

of the

following A

through

E, the

University will

not be under

any obligation

to

pay

any sum

which would otherwise

be due.

The

subject reasons would

be the

following:

A. That Coach

pleads

or

is found

guilty

of any criminal

violation

(excluding

minor

C.

traffic

offenses).

Upon being

charged with

such a

crime, the

University

may

suspend

Coach without

pay,

pending outcome

of

the

charge.

Payment

will

be

reinstated

and back

pay

given

if

Coach

is

found not

guilty

of the charges.

Actively engaging

in

any conduct

or committing

any act that brings Coach

and/or

the

University

into

public

disregard, contempt, embarrassment, scandal

or

ridicule and

that negatively

impacts the reputation or high moral or ethical

standards

of the University

of

South Alabama.

That,

after

written

notice

of

non-compliance

and

Coach's timely response

(not

to

exceed

ten

[0]

days), University

determines

that Coach

fails

to comply

with

the

policies,

rules, and regulations

of and

governing

the University

of

South Alabama

and

its

employees,

the

rules of the Sun Belt

Conference or

any

other

conference

with which the University

may

be

affiliated

and the National Collegiate

Athletic

Association,

as

now

constituted or

as any

of

the

same

may

be amended

during the

term

hereof.

Such compliance

will

relate

to material

policies

of the subject

institution and associations.

B.

15



Neglect

or

inattention

by

Coach

of

the standards,

duties,

and

responsibilities

required

of

Coach

by

Section

2.01

of this

Contract,

after

wriffen

notice

thereof

has

been

given to

Coach

pursuant to

Section

2.01(D)

and

Coach

has continued

such

neglect

or

inattention

during

a

subsequent

period

of

not

less than

twenty

(20)

days.

That, after

written

notice

of

non-perforrnance

and

Coach's

timely

response

(not

to

exceed

twenty

[20]

days),

University

determines

that

Coach

has

failed

to

adequately

perform duties

as

assigned

per

this

contract

andlor

by

the

Director

of

Athletics

which

may

include

in addition

to usual

and customary

coaching

activities, maintaining

accurate

documentation

of

cash

disbursements

and

other

expenses

associated

with

athletic

department

travel,

recruiting,

assisting

duly

authorized

alumni

booster

club

activities,

cooperating

with

news

media,

positively

representing

the

University

and the

University's

athletic

programs

in

private and

public forums

and

the

specific

duties

assigned by

the

Director

of

Athletics.

The

success

of the

program

as

determined

by

won/loss

record

will be

deemed

a

reason

for such

termination.

In

such

event,

however,

the University

will

have an

obligation

to

pay

the

base

salary

for the

remainder of the

Contract

term.

5.02

TERMINATION

BY UNIVERSITY

WITHOUT

CAUSE

The University

shall

have

the

right

to terminate

this

Employment

Contract

prior

to

its

normal expiration

date

without

cause.

Termination without

cause

shall

mean

termination

of

this

Contract

on

any

basis

other

than

those

set

forth

in Section 5.01.

Termination

by

the

University

without

cause

shall

be effectuated

by

delivering to

Coach

written

notice

of the

D.

E.

I6



termination

of this

Contract

without

cause.

Such

notice

will effect

immediate

termination

of this

Employment

Contract.

5.03

LIOUIDATED

DAMAGES

UPON

TERMINATION

BY UNIVERSITY

WITHOUT

CAUSE

A.

If

the

University

terminates

this

Contract

without

cause

prior

to

its expiration

date

in accordance

with

the

provisions

of

Section

5.02

hereof, the Universify

shall

pay

to Coach,

as

liquidated damages,

the

sum

of the

base

salary

equal

to the remainder

of this contract,

as

provided under

Section

4.01.

In

no

case

shall

the

University

be

liable

for the

loss

of

any collateral

business

opportunities

or any

other

benefits,

perquisites or income

resulting

from activities

such

as,

but

not

limited

to, camps,

clinics,

consulting

relationships

or from any

other

sources

thatmay

ensue

as a

result of the

University's

termination

of

this Contract

without

cause.

Upon termination

all

rights

and obligations

due

from

each

party

to

the other

under the

provisions of this

Contract

shall

cease.

The liquidated

damages

amount

shall

be

paid

in monthly installments

commencing

after

the

month in

which the

termination

date

occurs

and continuing

each succeeding

month

until

the

date

the Contract

term

would have

ended

but

for the early

termination.

To the

extent

required by

law,

the liquidated

damages

amount

shall

be subject

to deductions

for

state

and

federal taxes.

The

monthly

liquidated

damages

payrnents

by

the University

shall be

offset,

reduced or

cease

as

specified

in

Section

5.03

B.

B. Mitigation

of Liquidated

Damages.

While the

University's

obligation

to

pay

liquidated

damages

remains

in

effect,

the

Coach

agrees

to mitigate

the

L1



Universityos

obligation

to

pay liquidated

damages

as soon

as

possible

after

termination

of

the

Contract

by

promptly

commencing

to

make

reasonable,

continued,

and

ditigent

efforts

to obtain

employment

in the

field

of amateur,

collegiate

or

professional

sports

including

coaching,

administration,

management

or

broadcasting

(hereinafter

referred

to

as

a'New

Position ).

The

liquidated

damages

paid by the

University

shall

be offset

or

reduced

on

a

monthly

basis

by

the

compensation

paid to or

controlled

by Coach

as

a

result

of Coachos

employment

in

each

New

Position

held

by Coach

while

the

University's

obligation to

pay

liquidated

damages

remains

in

effect.

For

purposes

of

the

preceding

sentence,

compensation

shall

mean,

without

limitation,

from

Coach's

New

Position

employer,

or

a

related

or affrliated

corporation,

company

or

other

entity

that

supports

the

New

Position

employer,

(i)

base

salary,

wages'

incentive

payments,

bonuses,

supplementalpay,

or other

compensation

of

any

kind

whatsoever;

(ii)honoraria;

(iii)

all

income

and

fees

received

by

Coach

as an

independent

contractor,

consultant

or

self-employed

person;

(iv)

all

income

and

fees

received

by

Coach

from

Coach's

participation

in or

performance

of

activities

similar

to

the

Commercial

Activities

specified

hereunder;

(v)

other

income

arising

out

of,

relating

to,

of associated

with

Coach's

employment

in

a New

Position;

and

(vi)

Deferred

Compensation.

Deferred

Compensation

shall

mean

any

and

all

salary,

incentive payments,

bonuses,

supplementalpay, annuities,

insurance

premiums,

or other

compensation

of

any

kind

whatsoever

that

prior

to

the end

of

the

term

of the

Contract,

or any extensions

thereto,

Coach's

then

1B



C.

employer,

or

a

related

or affiliated

corporation,

company,

or

other

entity

that

supports

the

employer's

athletic

program, becomes

contractually

obligated

to

pay,

agrees

to

pay then

or

in

the

future,

or

does

pay.

The amount

of Defened

Compensation

that

shall

be credited

monthly

against

the

monthly liquidated

damages

payments

shall

equal

the

total

of Deferred

Compensation

divided

by

the

number

of

months

in the

period

between

the

last day

of

the

month

in

which

the

termination

date

occurs

and

the

date

the

Contract

term

would

have ended

as

specified

above,

or

pursuant

to

any

amendment.

Coach

agrees

to

noti$'the

University within

fourteen (14)

days

of

the

date

Coach

accepts

a

New

Position,

and

the

complete

details

of

the

employment

including

all

compensation

associated

therewith.

Should

Coach

fail

or

refuse

to

provide such

information'

the

University's

obligation

to

pay liquidated

damages

shall

cease.

In

addition

to

the

foregoing,

the

University's

obligation

to

pay

to Coach

liquidated

damages

shall

cease

and

be extinguished

in the

event

of Coach's

death.

For

purposes of

the

subsection,

employment

means

working

as an employee,

independent

contractor,

consultant,

or

self-employed

person.

Deduction

of Amounts

Owed

to

Universitv.

Upon

the expiration

or

earlier

termination

of the

Contract

for

any

reason whatsoever,

Coach

agrees

that

the

University

shall

be

entitled

and

authorizedto

withhold

and

deduct

from

any

final

payment

of

any

kind

that is owed

to Coach

by the

University

the amount

of

any

unretumed

recruiting

advances,

or other

funds

previously advanced

to Coach

by

79



the

University

or a

University Supporting Foundation

for Coachos

business

use, or the amount of any other

indebtedness

owed to the

University

by Coach.

5.04 LIOUIDATED

DAMAGES UPON

TERMINATION

BY

COACH WITHOUTCAUSE

In

the event

of termination

of this Contract by Coach during

the

term of

the contract

as defined

in

Article III,

Coach,

as

the terminating

party,

shall

be

required

to

pay

to the University

the

amount of

$75,000.

Such liquidated damages shall be due and

payable

within

60

days

after the

effective

date

of termination

of this Contract

by Coach. Failure

to timely

pay

such liquidated

damages shall

constitute

a

breach of

this Contract and such sum shall be recoverable

together

with reasonable

attorney

fees, in

any court of competent

jurisdiction.

In

no case,

shall the

Universify

be

liable

for

the loss

of

any

collateral

business opportunities or

any benefits,

perquisites

or income

resulting from

activities such as, but

not

limited

to camps,

clinics, media

appearances, consulting

relationships

or from

any

other

source

thatmay

ensue as

a

result

of

the

termination of

this

Contract by

Coach.

The

parties

have

bargained

for

and

have

agreed to the foregoing

liquidated

damages

provision,

giving

consideration to the

fact

that

the

Universify

will

incur administrative

recruiting

and resettlement

cost

in

obtaining a

replacement

for

Coach

in

addition to

potentially

increased

compensation cost

and

loss

of ticket

revenues if

Coach

terminates

this

Contract while

serving as

a Head

Coach, which damages are extremely

difficult

to determine

with certainty

or

fairly

or

adequately.

The

parties

further

agree that the

payment

of

such liquidated

damages

by Coach

and

acceptance

thereof

by the

University

shall constitute

adequate

and reasonable

compensation

to

20



the

University

for the

damages

and

injury

suffered

by

it because

of such

termination

by

Coach.

The

foregoing

shall

not

be construed

to be

a

penalty.

Provisions

of

this section

shall

be

without

prejudice to any

rights

the

University

may

have

under

any applicable

law.

Upon

termination

all

rights

and

obligations

due

from

each

party to

the other

under

the

provisions of

this

Contract

shall

cease.

Except

as

provided

in

Section

5.03,

upon

termination

by

the University

or

Coach,

the

University

or

Coach

has

no responsibility

for

the obligations

or

salary

benefits

set

forth

under

Article IV

of

this

Contract.

5.05

UNIVERSITY APPROVAL REOUIRED

PRIOR TO

NEGOTIATION

WITH

OTHER

SCHOOLS

OR

EMPLOYERS

It

is further

agreed

by

Coach

that they

will

not

personally

or through

any agent

actively

seek,

negotiate

for or

accept

other

full-time

or

part-time employment

in

any nature

during

the

term

of

this Contract,

including

local

market

radio,

television

or other

media

programs

or

advertisement,

without

first

having

obtained

the

written

permission

of

the Director

of

Athletics

and

the President

of

the

University.

It

is

agreed

upon that when

and

if

Coach

is contacted

for

a

position,

they

will

promptly

notify the

Director

of

Athletics.

It

is agreed upon

that

when

and

if

Coach

contacts

another

university

or employer

for a

position,

they

will

promptly notifu

the

Director of

Athletics.

5.06

REQUIRED

RE,LEASE

FROM

UNIVERSITY

The

parties

hereby

agree

that

Coach's

special,

exceptional,

and unique

knowledge,

skill,

and

ability,

in

addition

to

the continuing

acquisition

of coaching

experience

at

the

University,

as

well as

the University's

special

need

for continuity

in its Program,

render

Coachos

services

27



unique.

Coach recognizes that

the loss

of

the services to

the

University

without

University

approval and release

prior

to the expiration

of

the

term of

this Contract or any renewal

thereof

would

cause an

inherent

loss

to the

Universify

which

cannot

be

certainly

or

fairly

estimated

in

monetary damages.

It is agreed that the

release of this

Contract or negotiated settlement thereof

shall

be entered

into by the

parties pursuant

to that

portion

of this Contract

pertaining

to Coach's

right to terminate

this

Contract and that the

University

will

not

unreasonably

withhold

its

approval or execution of

a release or negotiated settlement

upon Coach's

payment

to the

University

of the sum

required

as

liquidated damages

under this Employment

Contract.

ARTICLE

VI

MISCELLANEOUS

6.01 AMENDMENTS TO AGREEMENT

It

is

understood and agreed that

this

Contract shall

not

be effective

until

signed by the

President

of the University

of

South

Alabama

and that no

amendments,

alterations, or

interpretations

thereof shall be binding upon the

University

unless

so

made

in

writing

and so

approved by the President

of

the

University.

22



6.02

UNIVERSITY

RETAINS

ALL

MATERIALS

AND

RECORDS

All

materials

or articles

of

information,

including, without

limitations,

personnel

records,

team

information,

films,

tapes,

statistics

or

any

other

material or

data

furnished

to Coach

by the

University

or

developed

by

Coach

on

behalf

of

the

University

or

at the

University's

direction

for

University's

use

or

otherwise

in connection

with

Coach's

employment

hereunder

are

and

shall

remain

the

sole

and

confidential

properly of the

Universify.

At the

expiration

of

the

term

of this

Contract

or its

earlier

termination

as

provided herein, Coach

shall

immediately

cause

any

such

materials

in hisArer

possession or control

to

be

delivered to

the

Universify.

6.03

TAX

LIABILITIES

Coach

shall

be

responsible

for

any and

all

income tax

liabilities,

interest

andlor

penalties

related to any

benefits

received

pursuant

to

this

Contract.

6.04

LAWS

OF ALABAMA

This Contract

shall

be

interpreted

under

the

Laws

of

the

State

of

Alabarna,

and

if

any

provision of the

Contract

may be

prohibited, this

shall

not invalidate

the

remaining

provisions

of

the

Contract.

6.05

ACKNOWLEDGMENT

Coach

acknowledges that

he

has

read and understands

the

foregoing provisions of this

Contract,

and

that

he

has been

afforded

the

opportunity

to

consult

with

personal

legal counsel,

23



and that

the

provisions

are

reasonable

and

enforceable,

and

that

he

agrees

to abide

by this

Contract and

the terms

and

conditions

set

forth

herein.

6.06

OTHER

BENEFITS

Any

other

benefits

or responsibilities

that

are

not

set

forth

in this

Contract

are

not binding

upon

and are

not

the

responsibilities

of the

parties.

6.07

ASSIGNMENT

Coach's rights

and interests under

this

Contract may not

be assigned,

pledged,

or

encumbered

by Coach.

6.08

WAIVER

No waiver

by the

parties

of

any default

or breach

of

any covenant,

term,

ot condition

of

this

Contract

shall be

deemed

a

waiver

of any

other

defaults or breach

of the

same or

any other

covenant,

term

or condition

contained

in this

Contract.

6.09

DEBTS

24



It is mutually

agreed and

understood

that Coach shall not incur any expenses or

indebtedness

for

or on behalf

of the

University

without

securing the

necessary

University

approval.

6.10

FORCE

MAJEARE

Neither

party

shall

be considered

in default

if the

performance

of

obligations under this

Contract

is

prevented

or delayedby

Force

Majeure.

Force

Majeure should be understood to

be any

cause

which

is beyond the

reasonable

control of

the party affected

and

which

is

forthwith

by notice from the

party

affected brought

to the

attention

of the other

parfy,

including

but

not

limited

to

war,

hostilities,

revolution,

civil

commotion, strike, lock out, epidemic, accident,

fire,

wind,

or

flood, or because

of any law, order,

proclamation,

ruling, regulation, or ordinance

of any

government

of

subdivision

of

govemment

or because of any act of God.

6.11

INVALIDITY

OR

UNENFORCEABILITY

OF

CONTRACT

If

any

provision

or

provisions

hereof

shall

be deemed

invalid or unenforceable, either in

whole or in

part,

this Contract shall

be deemed amended to delete or modiff

those

portions

as are

necessa.ry

to

alter the content thereof

in

order

to

render

it

valid

and

enforceable;

it

is the

intentions

of

the

parties

that the

provisions

of

this Contract,

including those of the Employee's

ability

to

accept

competitive

employment,

are enforceable to the fullest

extent

permissible

by

25



applicable

law, but

that

the

unenforceability

of such

provisions

shall

not

render

unenforceable

or

impair

the

remainder

of

the

Contract.

6.12

STATE

AGENCY

RIGHTS

It

is expressly

agreed

and

understood

between

the

parties

that

the

University

is

a

public

body

corporate

and

state

institution

of

higher

learning

in the

State

of

Alabama

and that

nothing

contained

herein

shall

be

construed

to

constitute

a

waiver

or relinquishment

by

the

University

of

its

right to

claim

such

exemptions,

privileges, and

immunities

as

may be

provided

by

law.

26



IN

WITNESS

WHEREOF,

the

parties

hereto

set forth

their respective

signatures

on this

Contract

as of the

date set

forth

below.

SOUTH

ALAB

DATE:

DArE:

{

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joey jones employment contract

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