william evans employment contract

13
(MODEL A TILETICS CONTRACT) EMPLOY NT AGREEMI]NT This Employment Agreement (Agreemen (University) and William L. Evans (Coac is entered into by and betwee.n Idaho State University RTICLE 1 1.1. Ernployment, Subject University shall employCoach as the the terms and conditions of this Agreement, the coach of its intercollegiate men's basketball team (Team). Coach represents and warrants t employment, in this capacity. t Coachis fully qualified to serve, and is available for L2. Reporting Relationship. shall report and be responsibledirectly to the University's Director of Athletics (Di ) or the Director's designee. Coach shall abide by the reasonable instructions of Director or the irector's designee and shall confer with the Director ive and technical matters.Coach shall also be under or the Director's designee on all adminj thegeneral supervision of theUniversity's ident (Presiden$. 1.3. Duties. Coach shall m duties in the University's athletic elsewhere in this Agreement. The to duties at the Universityother compensation and benefits shall opportunity to earnsupplemental cease. and supervise the'Ieamandshall perform such other asthe Director may assign and as may be described ty shall have the right,at any time,to reassign Coach head coachof t.heTeam, provided th.at Coach,s ted by any sudh reassignment, excerpt that the tion asprovided in sections 3.2.1 through 3.2.6 shall Univer than not be CLE 2 a fixed-term appointment of four ( 4 ) years, rg, without further noticeto Coach, on May 09, :hother provisiqns of this Agreement. reement is renewable solelyuponan offer from h of whichmustbe in writing andsigned by the lproval of University's Board of Trustees. This tenure in employment, nor shall Coach's service ard tenure attheUniversity. :LE 3 Based onMotlelContract Version; 06/14/2012 Page I

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Page 1: William Evans Employment Contract

(MODEL A TILETICS CONTRACT)

EMPLOY NT AGREEMI]NT

This Employment Agreement (Agreemen(University) and William L. Evans (Coac

is entered into by and betwee.n Idaho State University

RTICLE 1

1.1. Ernployment, SubjectUniversity shall employ Coach as the

the terms and conditions of this Agreement, thecoach of its intercollegiate men's basketball team

(Team). Coach represents and warrants temployment, in this capacity.

t Coach is fully qualified to serve, and is available for

L2. Reporting Relationship. shall report and be responsible directly to theUniversity's Director of Athletics (Di ) or the Director's designee. Coach shall abide by thereasonable instructions of Director or the irector's designee and shall confer with the Director

ive and technical matters. Coach shall also be underor the Director's designee on all adminjthe general supervision of the University's ident (Presiden$.

1.3. Duties. Coach shall mduties in the University's athleticelsewhere in this Agreement. Theto duties at the University othercompensation and benefits shallopportunity to earn supplementalcease.

and supervise the'Ieam and shall perform such otheras the Director may assign and as may be describedty shall have the right, at any time, to reassign Coach

head coach of t.he Team, provided th.at Coach,sted by any sudh reassignment, excerpt that the

tion as provided in sections 3.2.1 through 3.2.6 shall

Univerthan

not be

CLE 2

a fixed-term appointment of four ( 4 ) years,rg, without further notice to Coach, on May 09,:h other provisiqns of this Agreement.

reement is renewable solely upon an offer fromh of which must be in writing and signed by thelproval of University's Board of Trustees. Thistenure in employment, nor shall Coach's serviceard tenure at the University.

:LE 3

Based on Motlel Contract Version; 06/14/2012Page I

Page 2: William Evans Employment Contract

3.1.1 In consideration oAgreement, the University shall provide t

a) An annualinstalimen

Universityand

University'sgenerally to

to Coach supplemental compensation inSalary) of Coach's Annual Salary during

Coach's services and satisfactory performance of thisCoach:

ralary of $102,152.00 per year, payable in biweeklyin accordance with normal University procedures, andincreases as may be determined appropriate by thePresident and approved by the University's Board of

such salaryDirectorTrustees);

c)

b)

The o

The opport

ity to receive such employee benefits as the

rLJ LU

rovidesreceive such ernployee benefits as the

generally 1.o non-faculty exernpt employees;

Department of Athletics (Department) providesits employees of a comparable level. Coach hereby

agrees to a by the terms and conditions, as now existing orhereafter a of such employee benefits.

3.2 Supplemental Compensati

3.2.1. Each year the T is the conference champion or co-champion, and ifCoach continues to be emploved as ity's head Men's lJasketball coach as of the ensuing

supplemental corilpensation in bn amount equal toMay 1st, the University shall pay totwo week's pay (2152 x Annual Salary) of h's Annual Sal{ry during the fiscal year in whichthe championship is achieved. The Uni ity shall determin{ the appropriate marurer in whichit shall pay Coach any such supplementalmpensation.

3.2.2. Each year the Co is named as the Co4ference Coach of the 'Year,

and ifsity's head Men's l]asketball coach as of the ensuingr supplemental conlpensation in an amount equai to)oach's Annual Sal{ry during the fiscal year in which

Coach continues to be employed as UnivMay 1st, the University shall pay totwo week's pay (2152 x Annual Salary) ofthe championship is achieved. The Uni ity shall determine the appropriate manner in whichit shall pay Coach any such supplemental pensation.

3.2.3. Each year the T either wins the Big Sky Conference tournament orobtains an NCAA Men's Basketball Tas University's head Men's Basketball

ent berth, and if Coach continues to be employed

are achieved. The University shall determiany such supplemental compensation.

as of the ensuing \4ay 1st, the University shall payamount equal to two week's pay (2152 x Annualfiscal year in which the post-season participation

e the appropriate nranrer in which it shall pay Coach

3.2.4. Each year Coachan amount up to $15,000 based on theThe determin'ation of whether Coach

I be eligible to receiive supplemental compensation inemic achievement and behavior of Team members.receive such sup$lemental compensation and the

,"r::t'o on Modgl contract version"06/14/2012

Page 3: William Evans Employment Contract

timing of the payment(s) shall be atDirector and approved by the University,on the following factors: tire conduct of TUniversity activities, in the community, rranking based on attainment of the follow

discretion of the President in consurtation witrr theBoard of Trusteesl. The determination shall be based

r members on the University campus, at authorizedelsewhere and the Team,s four-year ApR national

Any such supplemental compensationjustification for the supplemental conjustification shall be separateiy reported t<public under the Idaho public Records Act

g levels:

ncenti$ 7,000.00$ 10,000.00$ 15,000.00

to Coach shall be accompanied with a detailedjon based on the factors listed above and such

the Board of Trustees as a document available to the

R R a60%-69%70%-79%800/o or above

3.2.5 Record Bonus, University must pay to Coach supplementalor more regular season men's

compensation in the amount of $6.000 fobasketball games.

winning twenty (20)

3,2,6 Each year the TTournament, and if Coach continues tocoach as of the ensuing May lst, the Unian amount equal to the terms below. Thewhich it shall pay Coach any such sup

r advances in the NCAA Men,s Basketball

employed as Unilrersity's head Men,s Basketballity shali pay Coach supplemental compensation in

niversity shall dete:fmine the appropriate manner inital compensation.

| " ' \ r / r n

nd win

Play-InRound 1Round 2Round 3Round 4Round 5Round 6

Round 1Round 2

65 Teams64 Teams32 Teams16 Teams8 Teams4 Teams2Teams

32 Teams16 Teams

Possible national championship winner

3.2.7 Each year the Team vances in the NIf Men's Basketball post-SeasonTournament, and if Coach continues tocoach as of the ensuing May lst, the Unian amount equal to the terms beiow. Thewhich it shall pay Coach any such suppl

ractBased onage 3

Version: 06/14/2012

Page 4: William Evans Employment Contract

Round 3Round 4Round 5

8 Teams4 Teams2 Teams

3d win $4,000.004'n win $5,000.005" 'win $6,,000.00

Possible bonus computation total for wiryring NIT Men's Basketball Post-Season Iournament:

the sum of $20,000 from the University or thelmbination the:reof each year drlring the term ofration in media programs, public appearancesrts. Coach's ritr;ht to receive such a payment shalltn or post-season competition, whichever occllrsAgreements requiring the Coach to participate inof University are the property of the University.to negotiate and contract with all producers oflic appearancers by the Coach. Coach agrees to)rograms to be successful and agrees to provided to cooperate in their productir:n, broadcasting,ch nor any assjii$tant coaches shall appear withoutn any compel.ing r-adio or teievision programcall-in show, rlr interview show) or a regularlydbition shall dot apply to rouLine news mediaved, Without the prior written approval of the:cial endorsemonts which are broadcast on radior the University designated media outlets.

'}ERATED B'{ UNIVER.SITY) Coach agreesoperate youth Men's Basketball camps on itsrsity shall allow Coach the opportunity to earnre University's camps in Coach's capacity as arssist in the m4rketing, supervision, a.nd general

parlicipation in the lJniversity's summer m{n's L

rail coach at tlle University, or direct those netketball prograr+ budget at the University. Thisp bills have been paid.

rersity has the oxclusive right to select footwear,Lent-athletes anrd staff, including Coach, duringwhen Coach qr the Team is being filmed byotographs in their capacity as representatives ofis negotiating er has entered into an agreementc footwear, apparel andlor equipment. Coach

Based on Moclbl Contract Version; 06/14/2012Page 4

Page 5: William Evans Employment Contract

agrees that, upon the University's reasonable request, Coach will consult with approtrlriate parliesconcerning a Nike product's design or performance, shall act as an instructor at a ciinic

lecture at an event sponsored in whoie or in part)earances as lnay be reasonably requested by thence, Coach shall retain the right to rlecline suchconflict with or hinder his duties and obligationsrid entering into an agreemeirt with a competitorng agreemenls to the University for review and:epofi such outside incorne to the University inrgrees tliat Coach will not endorse any athletic

footwear, apparel andlor equiprnent trrrodfrcts, including Nihe, and will not participaie in anymessages or prornotional appearances *hi.l contain a comparative or qualitative description ofathletic footwear, apparel or equipment pr$ducts.

3.3 General mpensation. All compensation provided by theUnivelsity to Coach is subject to deducti ns and withholdings as required by law or the termsand conditions of any fringe benefit inis based in whoie or in parl upon the

Coach participates. However, if any fringe benefitpensation provided by the University to Coach, such

fringe benefit shali be based only on the nsation pr:ovided pursuant to section 3.1. 1, exceptto the extent reqnired by the terms and itions of a specific fringe benefit program.

TICLE 4

4.1. egqch's Specific Duties and Responsibilitj.es, In consjderation of thecompensation specified in this Agreemefrt, Coach, in add;ition to the oblieation.s set forlhelsewhere in this Agreernent, shall:

4'7.1. Devote Coach's full time and best effortts to the perfornance of Coach'sduties under this Agreement;

4.7.2. Develop and irrLpleinent programs ancl procedures with respect to theevaluation, recruitment, training, and coaciling of Team tnsml,frs which enable them to competesuccessfully and reasonably protect their hdalth, safety, and well-being;

cademic standi{ds, requirements, and policies ofr perform to their highest acadernic potential and

mply with all applicable laws and the policies,'ersity's governing board, the corrference, and theensule that Cofch's assistant coaches, any other:esponsible, an{ the members of the Team know,

recognize, and comply with all such laws, triolicies, rules and rergulations; and immediately reportto the Director and to the Departrnent's Diifctor of Compliance if Coach has reasonable cause tobelieve that any person or entity, inciucling without limitation ;rbpresentatives of the University'sathletic interests, has violated or is likely t$ violate any such ldws, policies, rules or regulations.

Based on Mo,fel Contract Version; 06/14/2012Page 5

Page 6: William Evans Employment Contract

Coach shall cooperate fully with the lJnir,fersity and Deparlment at all times. T'he names or titlesot employees whom Coach supervises arp attached as Exhibit C. The applicabie laws, policies,

conference of which the University is ra m$mber.

or srlploy€es wnom Loacn superulses arp attached as Exhrbrt C.'1he applicabie laws, policies,rules, and regulations include: (a) titatd Board of Erjucat1on and Board of Reeenti of theUnivelsity of ldaho Goveming Policies and Procedures and Ruie Manuuf; Oj'Un1u.r.ri,y,Handbook; (c) University's Administr{tive Procedures l{anual; (d) the policies of theDepartment; (e) NCAA rules and regulatfons; and (f) the rules and regulations of the Big Sky

4.2 Outside Activities. Coacf shali not under{ake any business, professional orpersonal activities, or pursuits that would prevent Coash frc,m devoting Coach,s fi.rll time andbest efforts to the performance of Coachf s duties under this Agreement, that would otherwisedetract from those duties in any manner, pr that, in the opinion of the Uliversity, would reflectadversely upon the University or its athletic program. Sub.ject to the terms and conditions of thisAgreement, Coach may, with the prior wfitten approval of the Director, who may consult withthe President, entel into separate anangenJents for outsicle activities and endorsements which areconsistent with Coach's obligations under this Agreement. Coach may not use the University,sname, logos, or trademarks in connecl.ion with any such arrangements without the prior writtenapproval of the Director and the Presidenr.

4.3 NCAA Rules. In accordani:e with NCAA rules, Coach shall obtain prior writtenapproval frorn the University's President for all athletically related income and benefits fromsources outside the University and shall r]eport the source arLd amount of all such income andbenefits to the University's President 'whe[rever reasonably rerfuested, but in no event less thanannuary berore th-";ili'" :iil:,-.,::;"ffffi1il:?".'jl,i:,H:'l',"';n?"i# ff;?"bi'nlff;work day preceding June 30th. The report shail be in a {ormat reasonably satisfactory toUniversity. In no event shail Coach accept or receive directly $r indirectly any monies, benefits,

sociation, cortrroration, University booster club,dation, or othef benefactor, if the acceptance orruld violate ap$licable law or the policies, rules,

NCAA. :sity's governirlg boar.d, the conference, or the

4.4 Huu€-AUnoury. Coa.ch slrall have the respo$sibility and the sole authority torecornmend to the Director the hiring and fermination of asgistfnt coaches for the Team, bui thedecision to hire or terrninate an assisl.ant {oach shall be mad,J by the Director and shall, whennecessary or appropriate, be subject to the approval of Presid{nt and the University's Board ofTrustees.

4.6interview for,education or

negotiatewith any

for, or accepties. Coach shall not, under any circumstances,oyment as a coach rt any other institution of higherteam, requiring perrformance of duties prior to the

Based on Model Contract Version; 06/14/2012

t with, and may make recommendations to, theto the scheduling of Team competitions, but theLe Director's desisnee.

professional spo

Page 6

Page 7: William Evans Employment Contract

5.1 Termi

expiration of this Agreement, without tunreasonably be withheld.

prior approval of tlLe Director. Such approval shall not

ARTICLE 5

ause, The Univer:sity may, in its discretion, suspendtemporarily or pet.manently, and with or without pay;e this Agreement at any time for good or adequatele rules and regulations.

Coach from some or all of Coach,sreassign Coach to other duties; orcause) as those terms are defined in

fordutiternappli

5.1.1 In addit ion to the nitions contained in applicable rules and regulations,University and Coach hereby specificaly agree that the fbllowing shall constitute good oradequate cause for suspension, reassignm , or ternination of this Agreement:

a) A deliberate or majthe refusal or unwil

violation of Coaoh's dutiesunder this agreement orsuch duties in eood faithss of Coach to perform

and to the best of 's abilities;

c)

b) The failure of Cl to remedy any violation of anyof the terms of thisUniversity;agreement within 3 days after written notice fiom the

A deliberate or m vl0ioiation by Cc,pch of any applicable law or thepolicies, rules or of the Unirlersity, the University's governingboard, the coviolation whichanother NCAA or ber institution;

d) Ten (10) workingUniversity's consen

days' absence of Coach from duty without the

or the NCAA, incfuding but not lirnited to any suchhave occuned durJing the employment of Coach at

e) Any conduct of Cthe University's jathletic programs;

The failure of Copositively in pubiic

g) The failure ofthe University in anlaw or the policies,governing board, the

h) The failure of Coachthe policies, rulesgoverning board, th

that

regulations ofconference, or

constitutes tnoralreflect adVersely

turpitude or that would, inon the University or its

to represent the U{iversity and its athletic programsLd private forums;

to fully and promfrly cooperate with the NCAA orinvestigation of pogsible violations of any applicableles or regulations rrf the University, the University'sonference, or the I.{CAA;

to report a known Violation of anytlt. University,

tlie NCAA, by

applicable law orthe University's

one of Coach's

Page 8: William Evans Employment Contract

assistant coacltes, any other employees for whom Coach isadrninistratively reslponsible, or a member of the Team; or

i) A violation of any appiicable law or the policies, rules or regulations ofthe university, the university's gover.ning board, the conference, or theNCAA, by one of Coach's assistant coaches, any other employees forwhom coach is adrjrinistratively r:esponsible, oL- a memtrer of the Team ifcoach knew or sl]ould have known of the violation and could haveprevented it by ordiirary supervision.

5.1.2 Suspension, reassighrnent, or termination for good or adequate cause shallbe effectuated by the University as folfows: before tlie effective date o.f the suspension,reassignrnent, or terrnination, the DirerJor or his designee shall provide Coach with notice, whichnotice shall be accomplished in the mann{r provided for in this Agreernent ancl shal] include the

rall then hav,: an opportunity to respond. Aftershall notify Coach whether, and if so when, the

:rmination for good or adequate cause, theand benefits to Coach, whether direct, indirect,ate of such te,rmination, and the Uni'versity shallss opportunitiEs or other benefits, perquisites, orrny other sout:pes.

)AA regulatiqns, Coach shall, in adrlition to theprovisions of Section 5.1, be subject to disciplinary or cort'ective action as set forth in theprovisions of the NCAA enforcement pro(edures. This sectio:q applies to violations occuning atthe university or at previous institutiorrs at which the coach w{s employed.

5.2 of Univ

5.2.1 At any time after cilmmencement of t,{is Agreement, Llniversity, for its

convenience, University shall be obllgat{d to pay Coach,penalty, the salary set llorth in section 3.1.[(a), excluding allregular paydays of University until the terln of this Agreemerlt ends; provided, however, in theevent Coach obtains other empioyment of'any kind or naturd after such termination, then the

required by law, on the.t ends; provided, however, in the

Based on \ulodel Contract Version: 06/14/2012

amount of coinpensation the University fays will be adjuste$ and reduced by the amount ofcompensation paid Coach as a result of su]ch other employment, such adjusted compensation tobe calculated for each University pay-period by reducing thrJ gross salary se1. forth in section3.1.1(a) (before deductions required bV lart) by the gross compensation paid to Coach under theother employment, then subtracting from t[ris adjusted gross cpmpensation deduction accordingto law. In addition, Coach will be entitled to continue his health insurance plan ancl group life

Page 8

Page 9: William Evans Employment Contract

/ee until the tqnn of this Agreernent ends or untilLployment providing Coach with a reasonably:, whichever occurs first. Coach shali be entitled:ept as othenyise provided herein or required byrsity within t,Jn business days of obtaining other

employment, and to advise University of all relevant telnfs of such employment, includingwithout iimitation the nature and locatiQn of employment, Salary, other compensation, healthinsurance benefits, life insurance benef,rt$, and other fringe benefits, Failur:e to so inform andadvise University shall constitute a {aterial breach of this Agreement and University'sobligation to pay compensation under tlfris provision shall end. Coach agrees not to acceptemployment for compensation at less thafr the fair value of rjs3"L,r services, as determined byail circumstances existing at the time pf ernployrhent. r0oach further agrees to repay toUniversity all compensation paid to nlim Uy Urriversity after the date he obtains otherUniversity ali compensation paid to hlim by Urriversity after the date he obtains otheremployment, to which he is not entitled ur[der this provision.

en represented by legal counsel in the contractto the ,foregqing liquidated damages provision,

rach may loge certain benefits, supplementalcompensation, ot outside compensation relating to his errLployment with lJniversity, whichdamages are extremely difficult to deterniine with cerlainty. The parlies fuither agree that thepayment of such liquidated damages by pniversity and the {cceptance thereof by Coach shallconstitute adequate and reasonable compdnsatic ' A 1 'eullbLrLuLs aLtsquaLa arrq Igasollao_tc Oompqnsallc

by Coach because of such termination by Univtnot be construed to be, a penalty.

5.3.1 The Coach recogni[es tlentire term of this Agreement is of the e$senc(that the University is making a highly valuablethis Agreement and that its investment worlrld beemployrnent with the University before thd end r

5.3.2 The Coach, for hiq own convenienceJ may terminate this Agreementduring its term by giving prior wriften notipe to the University. Ter:rnination shall be effective ten(10) days after notice is given to the Univefsity.

this Agreement for convenience aI any time, allre eff'ective da.te of the termination. If the Coach

Agreement is temiinated on or before Ji4ayAgreement is terminated between May 10, 2t$25,000.00; (c) if the Agreement is terdrinated between lvl[y 10, 2014 an<l May 09, Z0l5inciusive, the surn of $10,000. The liquid[ted damages shall fe due and payable within twenty

5 . 3

Based on Mo'iilel Contract Version: 06/14/2012Page 9

Page 10: William Evans Employment Contract

university's disability insurance canier, bedomes .,rrutl. toposition of head coach, or dies.

coach agrees that coach will not interfere with the lJniversr

any unpaid amount shall bear simpie

this Agreement, this Agreementnently disabled as defined by therrm the essential functions of the

rf Coach's death, Coach's salaryexcept that the Coach's personal:ompensation due or unpaid andt plan now in force or hereafterciaries thereunder.

the Coach becomes totally orinsurance carcier, or becomes

ead coach, ail salary and otherc receive any compensation due:d by virtue of ernployment with

n, suspensioll, or reasisignment,

(20) days of the effective date of the telmination. andinterest at arate eight (8) percent p., u*uir until paid,

5'3'4 The parties have b$th been replesented by legal counsel in the contract

::-9:tl^1i:1-:',"-td.l*: b1s|ned.for.an{ dgreed to the fbregoing liquidated darnages provision,

s are not, and shall not be construed to be, aCoach termindtes this Agreement because of a

supplemental compensalion and other payrrients,

5 . 4

5.4.1 Notwithstauding any other provisionshall terrninate automalically if coach becofnes totally or pe

Based on Modelf Contract Version;l 0

program.

Page06/1 4/201 2

Page 11: William Evans Employment Contract

6.3 A6re$nqlrt, \either. party nf ay assign its rights r delegate its obligations under

6.4 Uarvgr No waiver of any d{fault in the perforne r r n l o o o i ^

" , - i + i ' ^ ^ ^ - I - : - 1 1

nce of this Agreement shall beeffective unless in writing and signed Uyitre waiving ;^;;lh: o:tf":"ance of this igreerierirrr"ri^,,]"i

"""r?ri.-.'; #;breach. The resort to a particular rernedy up0n a breactL shailavailabie remedies,

waiver of a parlicular breach iner of any other or subsequentconstitute a wairzer of any other

Bas'ed on Mode'flase Il

teglsrauve approprtattons; the receipt of sufficient funds ir:{ tne account'fi"* ;;i;h ,;;compensation is paid; and the Boara nf Trrrcrecc o-J Te*gency.

:rru' allu LrIe Foard nr lrrrctecc onrl rT-i- '!rsity's rules regarding financialeXigenCy. ' iruLy s I'ules legalCtng ImanCtal

6'2 Llnive$ity-rrcp (excluding vehicre(s) providedthrough the courlesy car Prop information inr:lrrdino rrrirh^,,+timita;ion, r..vr, "r.it;;;J::"rular telejrhones, personner #Jf*:ffiTl'r1Tj;r|tt#:H[1"-T"jl:ljlT-:, fallsticl or r]/ other p.efsonar propertv, matlriul ,;, i;;;,-;'rnished ro coachdirection or for the Lrnive^ity', ur" or {tt"r*i;l;;;.,{"",?i|r,t#i:; #ffi'J]r:*:::in:::i1,:31;..fll ln.^::{. p{openy or in. uniuf,sity withi; twenty_rou r (24)

:il*tyT:?':,{":,,*::]:f1 by coaih o,, r,.i,uii: ;i,h" rWili,;; ;ffi'ui#;i;::

hours of the expiration of the terrn of th.' \ 1t E ---J vr'YfrorLJ' YYrlrrlr twtrlrty-ruur \/ 'L+)

:"::lil,lii;ffi;elvcause3',,'ei'oifl :ffi '##;fi :fr ii'f,'T'flXTff '3iliTiifff*:T*in coach's possession or controi to be delivlred to^the .Dii.rctor.

Contract Vers'ion;06/1 4/20 I 2

Page 12: William Evans Employment Contract

6.5 Severabilitlr. If any provunenforceable, the remainder of the Asre

6.6 Governing Law, This A5with the laws of the state of Idaho as anin whole or in part on this Agreement sh

6.7 Oral Promises. Oralsupplemental or other compensation shatl

_. 6.8 Force Majeure. Any prevedisputes, acts of God, inability to- oituingovefirmental restrictions, governmentajgovernmental action, civil commotion,reasonable control of the party obligatedthe performance by such party for a peri

6.9 Confidentiality. The Coacbe released and made available to the oulagrees that all documents and reports hereleased and made available to the public

6.10 Notices. Any notice underperson or by public or private courier

direct in writing:

the University: Director of Athletics

Jeffrey K. Ti921 S. gth APocatel lo,ID

with a copy to: president

Arthur Vailas921 S . g thAPocatel lo,ID

the Coach: V/illiam L. EvLast known adUniversity's H

certified mail with return receipt requestedparties at the following addresses or at sucl

Any notice shall be deemed to have been siaccept delivery, (b) the date of mailins b;vverified, Actual notice, however and fioni w

Contract Version; 06/1 4/20 I 2

on of thisnt shal.lnot be a

rnent shall be sutrent to be pe

be brought in the

mises of an incot be binding

ion, delay or stlabor or rnaterials

ulations, govre or other cperform (includi

equal to any such

hereby consentsic after it is signeds required tothe University's so

is Agreement shaljlice (including U.Sor by facsimile. AIother addresses as

Stop 8173209-8173

Stop3209-

on file withan Resource

en on the earlier ortified mail, or (

ver received,

Based on Modetage 12

ent is deternined to be invalid orcted and shail remain in effect.

ect to and construed in accordancerned in ldaho. Any action basedrts of the state of Idaho.

in arrnual salary or of arythe University.

due to strikes, lockouts. laborr reasonabie substitutes therefor,entai controis, enemy or hostile

y, and other causes beyond thefinancial inabiJity), shall excuseention, delay or stoppage.

Ld agrees that this document mavby the Coach. The Coach further: under this Agreernent may bediscretion,

be in writing and be delivered inPostal Service Express Mail) ornotices shall be addressed to the

pafties rnay fi:om time to time

(a) actual delivery or refusal) the day facsimile delivery

li always be effective,

tois

Page 13: William Evans Employment Contract

6.11 Headings. The headinssonly and shall not in any way affect thE r

6.12 Bindine Effect.shall inure to the benefit of andsuccessol's and assigns.

This Abind the

eaning or inte

duties.

. This

ion of this

6,13 Non-UseUniversity's prior written .onrrntln .* case, use anydesignation of the University (includingcourse and scope of his official Universit

6 . t 4 Nbeneficiaries to this Agreement.

6 .1sof the parties and supers.O., uti prio, ugsubject matter. No amendment or modiwiting, signed by both pafties, and appro

- 6,16 Opportunit]'to Consult withe opportunity to consult and ,.ui.* thi,the language of this Agreement shall bestrictly for or against any party.

IDAHO STATE LTNIVERSITY

Arthur C. Vailas, President Date

Approved by the Board of Trustees on the day of

ntained in this A ment are for reference purposesion hereof.

ent is for the fit only of the parties hereto andies and their re tive heirs, legal representatives.

Coach, trade

traction, abbrevi 10n or

shall not, without thename, trademmk, or othersimulation), except in the

There are no tended or unintendecl pafty

ts andent shall be effective unless in

by University,s of Trustees.

. T h e C acknowledges that he has hadent with ansimply, acc

COACH

4-*+"..-- "/tfte

t constitutes the entire agreementLndings with respect to the same

;torney. Accordingly, in all cases,rding to its fair meaning, and not

2 0 1 2 .

Based on M,age 13

Contract Version: 06/1 4/201 2