AppState-CLT2020,2030

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