AppState-CLT2020,2030

DocuSign Envelope ID: 5111C028-ECBC-4060-A400-1B755B2C3714
SUN BELT CONFERENCE
ATHLETIC AGREEMENT
THIS AGREEMENT made and entered into as of the date of the last signature
below by and between the Department of Intercollegiate Athletics of the University of North Carolina at Charlotte
(“Away Team”) and the athletic authorities representing Appalachian State University (“Home Team”) stipulates as
follows:
FIRST: That the Football teams representing the above-named institutions shall compete in the following locations
on the dates and times listed below (the “Event”):
1. At- Appalachian State University On- Sept. 12, 2020 Time-TBA (Appalachian State University Home Game)
2. At- University of North Carolina at Charlotte On- 2030 (Date TBA) Time-TBA (University of North Carolina at
Charlotte Home Game)
SECOND: That the financial considerations shall be as specified: Home Team shall pay Away Team Fifty Thousand
Dollars ($50,000.00). Payment shall be made on or before December 31 following each game.
THIRD: Within seventy-two (72) hours prior to the Event each party shall: i) obtain COVID-19 testing and results of
their student-athletes and respective football athletic staff; and ii) certify to the other Party that test results of any
participants in the Event have been confirmed as negative. If any individuals test positive for COVID-19 the
respective team will notify the other team that one or more positive test results have occurred among one of the
potential participants in the Event, promptly remove the infected individuals from practice and competition, and
ensure that such individuals have been isolated from the remaining student-athletes and staff to prevent the spread
of infection.
FOURTH: In the event either Party fails to produce its team and play said contest on said date at the place agreed,
or breaks any clause of this contract without permission of the other Party to this agreement, it shall pay to the
other Party not at fault the sum of $500,000 as liquidated damages within one week of the day on which breach of
contract shall occur. The Parties hereto agree that the amount to be paid hereunder as liquidated damages is
intended as compensation for damages that would be suffered upon breach of this Agreement and is not intended
as a penalty.
FIFTH: That the officials for Event(s) held in Charlotte be selected by the Sun Belt Conference with Conference USA
replay booth officials, while the officials for Event(s) held in Boone be selected by Conference USA with Sun Belt
Conference replay booth officials. Expenses of said officials shall be paid by the Home Team.
SIXTH: That all players representing either institution in Event(s) shall be eligible under the rules and regulations of
the National Collegiate Athletic Association (NCAA).
SEVENTH: The Home Team maintains all radio rights to the Event(s) unless otherwise specified. The Home
Team/Conference maintains all television rights to the Event(s).
EIGHTH: That for the Event(s) held in Boone, the Away Team shall be allowed 200 complimentary tickets and 500
consigned tickets for sale to its fans at the price(s) established by the Home Team. For the Event(s) held in
Charlotte, the Away Team shall be allowed 350 complimentary tickets and 2,000 consigned tickets for sale to its
fans at the price(s) established by the Home Team. Unsold consigned tickets may be returned to the Home Team
not less than ten (10) days prior to Event date. The Away Team is responsible for paying the printed face value to
the Home Team for any consigned tickets not returned to the Home Team by 5:00 p.m. on the date ten (10) days
prior to the Event date, unless an alternate return date is mutually agreed upon by both institutions.

DocuSign Envelope ID: 5111C028-ECBC-4060-A400-1B755B2C3714
NINTH: This Agreement may be voided by either institution if either is reclassified to a different NCAA membership
division after the contract has been executed.
TENTH: This Agreement may be terminated without penalty by either Party upon written notice provided to the
other Party by August 21, 2020. In the event that termination occurs prior to the First Event above taking place,
then the parties acknowledge and agree that the Second Event shall also become null and void and neither team
shall owe the other party any liquidated damages. This Agreement also may be terminated without penalty by
either Party after August 21, 2020 in the event that either Party is unable or unwilling to perform its respective
obligations under this Agreement due to public health concerns resulting from positive COVID-19 tests of any Event
participants. In the event of termination by either Party, Home Team will not be obligated to pay Away Team any
financial consideration contemplated under this Agreement. Further, this Agreement shall be void and terminated
without penalty with respect to any of the games in the event that it becomes impossible to play such game(s) by
reason of an unforeseen circumstance, catastrophe or disaster such as natural disaster, fire, flood, earthquake,
pandemic, if either university is closed for health and safety reasons, war, confiscation, by order of government,
military or public authority or prohibitory or injunctive orders of any competent judicial or other government
authority, or by operation of the Event(s) being canceled by or at the behest of any governing league(s) or
conferences, including the Conference USA and/or the Sun Belt Conference. Notice of such circumstance shall be
given as soon as possible. No such cancellation shall affect the parties' obligations as to subsequent games covered
by this contract any games not played as scheduled shall be rescheduled as such exigencies may dictate or permit.
The foregoing notwithstanding, if any of the Scheduled Events are canceled due to governing league(s) or
conferences, including the Conference USA and/or the Sun Belt Conference, altering their respective conference
schedule(s), then this Agreement becomes null and void and neither Party will owe liquidated damages to the
other.
ELEVENTH: Availability of State Funds: Pursuant to North Carolina General Statutes, § 143C-6-8, performance of any
and all obligations under this Agreement by Appalachian State University is dependent upon and subject to the
availability of funds to the university for the purposes set forth in this Agreement.
TWELFTH: Access to Persons and Records: Away Team shall allow the State Auditor of North Carolina or
Appalachian State University to access, inspect, examine and reproduce any and all contract, financial records or
other records related to this Agreement in the custody or control of Away Team during normal business hours or at
any other time deemed reasonable by the Parties, and otherwise as required by law, including, but not limited to,
North Carolina General Statutes, § 147-64.7.
THIRTEENTH: This Contract shall be governed, construed and enforced in accordance with the laws of the State of
North Carolina, regardless of its place of execution.
APPROVED:
________________________________________
Director of Athletics
Appalachian State University________________
Institution
8/14/2020
Date:___________________________________
APPROVED:
___________________________________________
Director of Athletics
_UNC Charlotte_______________________________
Institution
Date:___8.13.20______________________________
Please sign and return one copy to: App State Athletics, 425 Jack Branch Drive, Boone, NC 28608