Mississippi Board of Trustees of State Institutions of Higher Learning

MINUTES OF THE BOARD OF TRUSTEES OFSTATE INSTITUTIONS OF HIGHER LEARNINGSeptember 19-20, 20077approved on a separate motion by Ms. Whitten, seconded by Ms. Robinson, with Dr. Neely, Ms. Newtonand Mr. Ross absent and not voting. Agenda item #4 was approved on a separate motion by Ms.Whitten, seconded by Ms. Robinson, with Dr. Neely, Ms. Newton and Mr. Ross absent and not voting.Agenda item #5 was approved on a separate motion by Ms. Whitten, seconded by Ms. Robinson, withDr. Neely, Ms. Newton and Mr. Ross absent and not voting. Agenda item #6 was approved on aseparate motion by Ms. Whitten, seconded by Ms. Robinson, with Dr. Neely, Ms. Newton and Mr. Rossabsent and not voting. Agenda item #7 was approved on a separate motion by Ms. Whitten, secondedby Ms. Robinson, with Dr. Neely, Ms. Newton and Mr. Ross absent and not voting. Agenda item #8was approved on a separate motion by Ms. Whitten, seconded by Mr. Blakeslee, with Dr. Neely, Ms.Newton and Mr. Ross absent and not voting. Agenda item #9 was approved on a separate motion byMs. Whitten, seconded by Ms. Robinson, with Dr. Neely, Ms. Newton and Mr. Ross absent and notvoting.1. DSU - Approved the request to grant Nehi Bottling Company the exclusive license and right to promoteand sell beverage products on the university campus. Nehi will pay a license fee of $50,000 annuallyplus commission on all sales. The agreement is for ten years beginning October 1, 2007. A copy of theagreement which has been reviewed and approved by the Attorney General’s Office is included in theSeptember 19-20, 2007 Board Working File.2. JSU - Approved the request to execute a Consent, Subordination, Nondisturbance and AttornmentAgreement. Jackson State University is a tenant in the Jackson Medical Mall owned by the JacksonMedical Mall Foundation, a Mississippi non-profit corporation (hereinafter the “Foundation”). TheFoundation is seeking to refinance all or a portion of the costs of the acquisition, renovation and repairof certain properties that it owns. In order to do that, the Foundation needs JSU’s consent to assign theFoundation’s rights under its lease with JSU to the lender. The Consent, Subordination, Nondisturbanceand Attornment Agreement grants JSU’s permission for the Foundation to assign these rights to thelender. A copy of the agreement which has been reviewed and approved by the Attorney General’sOffice is included in the September 19-20, 2007 Board Working File.3. MSU - Approved the request to renew a contract with the firm Wenderoth, Lind & Ponack, L.L.P.,located at 2033 K Street, N.W., Suite 800, Washington, DC 20006, to provide services necessary forobtaining trademarks. The term of the agreement will be for one (1) year, at hourly rates of $305 forprincipals and $285 for associates, for a maximum amount payable of $10,000 during the contract term.The agreement has been reviewed and approved by the Attorney General’s Office.4. MSU - Approved the request to renew a contract with the firm Butler Snow O’Mara Stevens & Cannadalocated at AmSouth Plaza, 17 th Floor, 210 East Capitol Street, Jackson, MS 39201, to provide servicesnecessary in the practice areas of intellectual property and commercial matters; this representation doesnot and is not intended to include any representation by law firm for or on behalf of the university asbond counsel or in any related role in connection with any financing transaction undertaken by or forthe university, including any other matters which may concern advice in connection with indebtednessof the university. The term of the contractual agreement will be for one (1) year, at blended hourly ratesof $225 for intellectual property services, $215 for commercial services, and $85 for legal assistants.The agreement has been reviewed and approved by the Attorney General’s Office.511/13/2007