Tubby Smith 2007 contract by twincities

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									                                                 EMPLOYMENT AGREEMENT


            TI-US EMPLOYMENT AGREEMENT ("Agreement") is entered into as of
                                                                            March 22,
2007, by and between Regents of the University of Minnesota, a Minnesota constituional
coivoration ("University"), on behalf of its Deparment of Intercollegiate Athletics
("Department"), and Orlando (Tubby) Smith ("Coach").
        \VHEHEAS, subject to the terms and conditions of this Agreement, the University
desires lo employ Coach as head coach of its intercollegiate men's basketball team ("Team") at
ihe University's Twin Ciües campus, and Coach is willing to accept such position and perfonn
such services and duties;

           NOW, THEREFORE, in consideration of                               the mutual promises and covenants contained
in this Agreement and such other good and valuable consideration, the receipt and suffciency of
which the parties hereby acknowledge, the parties agree as follows:

                        1. GENERAL EMPLOYMENT TERMS AND DUTIES
       1.1. Employment Term. Subject to the terms and conditions of this Agreement, the
University hereby employs Coach as the head coach of its Team, and Coach agrees to be so

                        Employment"). .
employed by the University, for a term commencing on March 22, 2007 and ending on April 30,
20 I if ("Term of



           1.2. Duties.

                     1.2.1. Dnring the Term of Employment, Coach shall diligently and
          conscientiously devote his full time, attention, and best efforts in performing and
          discharging the usual and customar duties of a head coach of a National Collegiate
          Athletic Association ("NCAA") Division I men's basketball team, including, but nol
          limited to, the following duties:

                     a. Conducting usual and customary coaching activities;

                     h. Recruiting, and managig the recruitment of, student athletes;

                     c. Fostering and providing accountability for the academic progress of
                                student athletes in the prograLIi;

                    d. Representing the University's intercollegiate men's basketball program,
                                and cooperating with the Depaitment in fulfiling contracts with, or
                               requests from, the news media, including appearances on radio and
                               television;

                    e. Assisting with Departmental or University fund raising and public
                               relations;
                  f. Representing in a positive fashión the University and its athletic programs
                            in private and public forums; .
                  g.Performng such other duties as requested by the Director of
                            Intercollegiate Athletics at the University's Twin Cities campus
                            ("Director") or the Senior Associate Athletics Director;
                  h. Identifying, procuring and negotiating with all non-conference opponents
                            for the Men's Basketball Schedule annually subject to the final approval
                            of the Director, using his best efforts to schedule twenty (20) home games
                            per year;


                  i. Anually developing and establishing, in conjunction with the Director,
                            the budgetary parameters and priorities for the Men's Basketball Program
                            ("Program"), and administering the budget in accordance with such
                            parameters ÌJ1 accordance with University policy;


                  j. Managing and supervising all basketball coaching suppoii slaff including
                            clerical staff, and all staff associated with training and strength and
                            conditioning subject to the review and approval of the Director and the
                            policies and procedures of the University and the Governng Associations;
                            and

                  1.2.2. During the term of this Agreement and any extension, renewal or
        rcnegoliatlOl1 hereof, Coach shall report directly to the Director wlio shall be hjs
        supervisor for all puroses of review and evaluation. Coach and the Director shal I
        maintain direct lines of communication and Coach shall have access to the Director
        regarding all matters pertaining to the Program. Coach shall coordinate with the Senior
        Associate Athletics Director with regard to the day-to-day operation and administration
        of   the Program.

        i .J. Other Employment. During the term of this Agreement, Coach agrees not to
personally accept other full-tIme employment as a basketball coach without first notifying the
Director. Unless otherwise expressly pennitted in this Agreement, Coach shall not occupy
himself with other business activities or be employed by any other person, firm, or entity,
whether or not such activity is pursued for gain, profit, or other pecuniary benefit, without the
Univcrsity's prior written consent; provided, however, during each year of the Tenn of
Employment Coach may conduct summer basketball camps as provided in Scetion 2.4 of this
Agreement.

       1.4. Endorsements. Subjcct to the wrtten approval of the Director which shall not be
unre~isonably withheld, Coach may enter into individual endorsement agreements wiih
advertisers, corporations and sponsors for the endorsement or promotion of their products and
services to the extent that such endorsements do not conflict with the temis and conditions of the
Uiiiversity's contracts with product or apparel companies or sponsors of the Program. Coach
shciiJ not enter into any such agreement which is inconsistent with the policies of the University,
including but not limited to policies against alcohol or gambling advertising. All income and

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CJiht~r (OlllS of compensation derived from such undertakings shall belong exclusi vely to Coacb_
The LJriiversity shall assist Coach in such endeavors, including licensing the logos and marks or
 the Cniversity for use in endorsements, to the extent that such use is deemed appropiiate in the
discretion of the Uiùverslty.

        1.5. Employment Classincation. Coach's employment is a professional appointment
subject to the University's rules and regulations as fully described in the policy manual entitled
University of Mim1esota Academic Professional and Administrative Policy and Procedures
¡"lanual, as it may be amended from time to time ("Manual"). However, the tenns of this
Agreement supersede any provision of University policy or procedure related to termination or
employment or tennination-related procedures, including grevance procedures. In the event ofa
conllict between the tem1S of this Agreement and terms of the Manual, the terms of this
Agreement shall govern, and under no circumstanc"es shall the termination provisions of the
Manual supersede those provided in this Agreement.

        1.6. Compliance. Throughout the Tenn of       Employment, Coach shall comply with Lhe
current anJ hereafter applicable laws, policies, wles, and regulations governing the Universiiy
and its employees, and the curent and hereafter applicable constitution, bylaws, rules and
regulations of the NCAA, the Big Ten Conference ("Big Ten"), and any other conference or
orgmiization with which the University becomes associated or which affects intercollegiate
atliJetics (individually or collectively, "Governing Associations"). Coach shall use his best
cfferts to ensure that all Team assistant coaches, other University employees for whom Coach is
adnii rUstrati vcly responsible, and other representatives of the University's athletic interests wi tli
whom Coach has direct and consistent contact, comply with the foregoing laws, policies, rules.
regulations, constitntions, and bylaws.

                                    II. COMPENSATION
       2.1. Base Salary and Supplemental Compensation.

               2.1.1. Base salary. Subject to the ,terms of this Agreement, for all services
       rendered by Coach on behalf of the University for the Term of Employment, the
       University shall pay Coach an annual base salary of Six Hundred Thousand and no/I 00
       Dollars ($600,000). Begiiming May 1, 2008 and On May 1 of every year thereafter
       throughout the Tenn of Employment, based on the perfonnance evaluatjon of Coach by
       the Director or the Director's designee, Coach shall be awarded an annual base salary
       increase that shall be no less than 5% per year.

             2.1.2. Supplemental Compensation. Subject to the tenns of     this Agreement, the
       University sliall pay Coach, in equal biweekly installments, annualized suppleiicllt;-¡f
      compensation of One Million One Hundred Fifty Thousand and noll 00 Dollars
       ($1,150,000) in recognition of Coach's efforts on behalf of the Uruversity for media,
      fìiidraising, community involvement, endorsements, and apparel, shoes, and equipment
      unangements. The University will receive and control all outside payments relating to
      endorsements, media appearances, and apparel, equipment, and shoes arrangements.




                                                  3
                         2.1.3. All compensation hereunder shall be paid in accordance with the
               University's regular payroll procedures for professional and administrative employees,
               and shall be subject to withholding for applicable federal and state income taxes, federal
               social securty taxes, and all other applicable taxes and deductions.

               .. .. Supplemental Retirement Contributions. Begimiing on April 30, 2011, aod on
  April 30 of each year thereafter as long as Coach remains continuously employed as head coach
  n(ihe Team, the University wil contribute annually the sum of Two Hundred Fifty Thousand
 ,iniJ 1\'0/1 Of) Dollars ($250,000) to the University of Minnesota Optional Retirement plan or, to
  the extent such contrbution exceeds contribution limits for sucli plan, to the Universily or
 IvIllmesota 415(m) Ret.irenient Plan or other investment method as agreed upon between the
 parties. The contribution will vest on the date of deposit to the retirement plan.

              2.3. Incentive Compensation. Each 'year, the University shall pay Coach incentive
 compensation as provided in the Schedule of Incentives, a    copy of which.is attached hereto as
 Exhibit A and incorporated herein by reference. The University shall deliver to Coach the
 p:ij"llent of such incentive compensation for a ycar promptly after the University has detennined
 the amount of such payment and whether the conditions of payment have been met, but not later
 than May 1 for competition bonuses and not later than July 1 for academic perfonnance bonuses.

              2.4. Summer Camp Supplement; Space Availabilty. During each of the first four
 years of the Agreement, Coach shall receive a supplement of Fifty Thousand and noll 00 Dollars
 ($50,000) for each summer period during which he operates a basketball camp, provided that
 Coach's bilsketball camp is operated consistent with Goveming Association rules and University
 policies. Subject to space availability and other program needs of the Deparment, Coach shall
 Il3ve the right to hold up to four weeks of basketball camp per summer iii University facilities
beginning in June, in accordance with Governing Association rules and University policies, and
may use University facilities at other times of year to conduct clinics and other educational and
instructional programs.

              2.5. Benefis. The University shall proyide Coach with the benefits program provided
geiicrally for its professional and administrative employees as described in the                 MaIiLl"1
(" Bench ts ").

              2.6. Automobile. Subject to University policy applicable generally to its
intercollegiate athletics coaches, the University shall provide Coach the use of an automobile
throughout the Temi of             Employment.

              2.7. Travel. Coach is authorized spousal travel for all away basketball games. In
addition, the University shall provide space for Coach's children and others as approved by the
Director on any charter flights to away basketball games, subject to seat availability, as well as
lodging and        a reasonable meal allowance. Additional spousal travel appropriate for Univcrsí¡y
purposes may be authorized by the Director.

          2.8. Gopher Athletic Tickets. The University shall provide to Coach access to the
following tickets to University of Minnesota Gopher athletic events: tlùrty (30) season tickets to
men's basketball which shall include teii (10) season tickets for personal use and twenty (20)

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 sc:i:-on tickets in the same section for Program use; four (4) season tickets to women.'s
 baskethall; eight (8) season tickets to home football games; four (4) season tickets to men ':;
 hockey; and other tickets to Gopher athletics events as Coach may reasonably request. In
 addition to the above referenced tickets, Coach shall be entitled to tickets to the following games
 in ',"hich tbe Team is playing, subject to availability: twenty (20) tickets to Big Ten basketball
 toumament games, post-season basketball games and to the Final Four, but in no event shall
 Coach receive less than ten (10) tickets to each of the aforementioned games.

       2.9. .Moving Expenses. The University shall reimburse Coach for his household
 moving expenses in accordance with University policy.

        2.10. Tax Consequences of Additional Compensation. It is understood that there may
be personal tax consequences attributable to Coach as a result of the compensation, benefits, and
amenities associated with Coach's employment herein, and that Coach is personally responsible
for any and all such taxes in accordance with state and federal law.

      2.1 i. Exclusive Compensation. The compensation, cash and otheiwise, provided to
Coach under this Aricle II shall constitute the total and exclusive compensation owed by the
University to Coach.

                          III. TERMINATION OR SUSPENSION
       3.1. University's Right to Terminate or Suspend .for Cause. The University may for
just. C3LLse tenninate this Agreement, suspend Coach without pay, or take other disciplinary
 ~ictionas it deems appropriate, pursuant to Section 3.4. "Just cause" as used in this Agreemcii/
shall include, but not be limited to, the following:

       a. a serious violation, as determined by the University, of a rule of a Govel1ing
               As~ociation by or involving Coach;

       h. a serious violation, as detennined by the University, of a rule of a Governing
               Association by an assistant coach of the Team or other individual related to the
               Team which, in the judgment of the University, Coach knew or should haw
               known about with reasonable diligence and oversight;

       c. multiple secondary violations that, taken together, constitute a major violation as
              contemplated under NCAA Bylaw, Aricle 19.02, as detennIned by the University
              in accordance with the standards of that Bylaw and Aricle;

      d. failure to report any and all serious, major, or secondary violations of the rules 0 l
              a Govenûng Association related to the Team which, as dctennincd by the
              University, Coach knew or should have known about with reasonable diligence
              and oversight;

      c. a substantial failure to perfoff1 his responsibilities under this Agreement
              following wrtten notice from the Director specifying such failure and providing,
              where practicable, a twenty (20) day opportunity to cure such failure; or


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         f. a violation of any policy of the University applicable to the Coach, or any law
                    involving moral turpitude.

         3.2. University's Right to Terminate .Without Just Cause. The University may
 l:e1l1inate this Agreement at any time without just cause upon ninety (90) days' wrtten notice to
 Coach. Tn such event, the University shall pay Coach a termination fee, subject to withholding
 for applicable federal and state income taxes, federal social security taxes, and all other
 ;ipplicable taxes and deductions, in accordance with the schedule below. If the University pays
 (he temiination fee under this paragraph, Coach waives any right to seek additional
 i.:ornpeiisalion or damages from the University in connection with the tennination. The schedule
 is:

         a. If         the effective date ofteimiiiation is on or between March 22,2007 and ApJil 30,
                    2011, the University wil'pay Coach one-half                           of    the base salary and supplemental
                    compensation payable to Coach under Section 2.1..1. and Section 2.1.2. of this
                    Agreement for the remainder of the Term of Employment, including the
                    guaranteed annual increases providcd herein.

                                                                                  30,
         b. If the effective date of termination is on or between May 1, 2011 and April

                   2012, the University wîl pay Coach Two Million and nollOO Dollars
                   (52,000,000).
        c. If the effective date of termination is on or between May 1, 2012 and April 30,
                   2013, the University will pay Coach One Millon Five Hundred Thousand                                     and
                   noll 00 Dollars ($1,500,000).

        d. If the effective date of                  termination is on or after May 1,2013, the University owes
                   Coach no termination fee, but the University wil pay Coach his base salary and
                   supplemental compensation through the end of                           th.   s Agreement.

        3.3. NCAA Enforcement Prt?visions (NCAA Bylaw 11.2.1). Notwthstanding any
otber provision of this Agreement to the contrary, if Coach is found in violation of any NCAA
rtlle or regulation, Coach is subject to disciplinary or corrective actions as provided by NCA:\
enforcement pmcedures.

       3.4. Procedures.

                  3.4.1. Termination or Suspension "Vitliout Pay. Before terminating Coach's
       contract or suspending Coach without pay for cause pursuant to 3.1 of this Agreement,
       the Director shall: (a) give Coach notice in writing of the allegations and the grounds for
       the proposed disciplinary aetion; (b) give Coach a reasonàble opportunity to present in
       person, in writing, or both, information relating to the allegations; (c) consult with tÌle
       President concerning the proposed action; and (d) give Coach final written notice of the
       disciplinar decision and the reasons therefor. The Director may immediately suspend
       Coach with pay while the process provided in this subsection 3.4.1 is being carried out.
       Prior to consulting with the President and giving Coach final written notice under this
       subsection 3.4.1 ( c) and (d) above, the Director shall notify Coach of his right to request 3
       review of the proposed discipline and the reasons therefor by the University's Vice

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             President for Human Resourêes ("VP-HR"). Coach may exercise this right ofreview by
             making a wrtten request to ti!e Director within two (2) days after receiving such notice.
             The VP-HR shall consider any materials provided by the Director and Coach for sLlch
             revicw, and may receive lega;l counsel from the Offce of the General CounseL. As soon
             as practicable, the VP-HR shall provide a wrtten report concerning the discipline and the
             reasons therefor to Coach aBd to the Director, who shall consider the report prior to
             giving Coach final written nbtice under tIDs subsection 3.4.1(d), above. The Director's
             decision after following the ptocedure set forth in this subsection 3.4.1 shall be final and
             not subject to any further revrew within the University. Any suspension of   Coach without
             p,iy shall not exceed forty.five (45) days.

                        3.4.2. Other Disciplinary Action. In the event of any proposed discipliniu.y
             action pursuant to 3. 1 of thi~ Agreement other than termination or suspension without
             pay, thê Director shall give Coach, orally or in writing, notice of the allegations and an
             opportmúty to present in pet;son or in wrting infonnation relating to the allegations. If
             the Director then determines'that discipline is appropriate, the Director shall in writing
            notify Coach of the discipline and the reasons therefor. Coach may utilize the University
            procedme applicable to ptofessional and administrative employees to review a
            disciplinary decision under this subsection 3.4.2, in accordance with the terms of thai
            procedure. Any suspensIon of  Coach wIth pay shall not exceed sixty (60) days.

            3.5. Limited Liabilty. Sttbject to the tenns of this Agreement, in no event shall the
 )   University be liable for the loss by Coach of any bonuses, benefits, perquisites, or income,
     including, but not limited to, those ci~sing out of or relating to consulting relationships, camps,
     clinics, media appearances, or from iany other sources whatsoever, that may ensue as a result 0 ¡'
     the University's breach or termination of this Agreement, unless otl1ervvise expressly stcited
     herein. The tenns of this Section j.5 shall not release the University from its obligations to
     Coach under Section 3.2 of this Agreement. .
            3.6. Coach's Right to ;Terminate Without Just Cause. In the event Coach
     temiinatcs this Agreement during the,Tenn of Employment without just cause, Coach shall pay
     the University a termination fee in atcordance with the following schedule:

            a. If Coach leaves the Vniversity on or before April 30, 2008, Coach will pay the
                      University Three Miilion and Noll 00 Dollars ($3,000,000).

           b. If Coach leaves theWniversity on or between May 1,2008, and April 30, 2009,
                      Coach will pay the Uiliversity Two Million and Noll 00 Dollars ($2,000,000).

           Co If Coach leaves the Wniversity on or between May l, 2009 and either March 21,
                  2010, or the final game played by the Team that season, whichever occurs later,
                     Coach will pay the UÙiversity One Million and Noll 00 Dollars (S i ,000,000).

           d. If Coach leaves the University on or after May 1, 20 i 0, Coach owes the
                     University no terminatìon fee.


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                      3.ï. Automatic Termlnation. Notwithstanding any other provision of
                                                                                                         this AgreeJlent
          iii. Ihe contrary, this Agreement shall teiiinate automatieally if Coach dies or becomes
          I't:rinuiicnlly disabled from perfonning his duties under this Agreement, as reasonably
         i.\tcnniiicd by the University. If this event occurs, Coach or his estate shall be entitled to all
         compensation earned imder this Agreement as of the date of the event.

                                       iv. PROVISIONS OF GENERA                            APPLICATION
                      4.1. Extension of Agreement. The Urlversity shall conduct a review of Coach's
         I'CrC0fl1anCC rind this Agreement twenty-four (24) months after the effective date or this
         i\greemenl, and may, at its discretion, grant an extension of this Agrecment of two or morc
         years, subject to Coach's Agreement. The parties hereby agree that the Uriversity and Coach
         shall review his performance after twenty-four (24) months from the initial date of Coach's
         employment to detenuil1e if the Agreement shall be extended for an additional period of h",cnty-
         four (24) months by mutual agreement of the parties. The above notwthstanding, the University
         and Coach may mutually agree to an extension prior to the expiration of the above referenced
         twenty-four (24) month period or at any point in time subsequent to such period. However. the
         parties shall be compelled by the temis and conditions hereof to review the Agreement at the
         appointed tinieberein, as agreed upon by the parties at the time that Coach accepted the position
        as Coach. Compensation and all other applicable terms and conditions shall be discussed at lIial.
        time and may be renegotiated and/or otherwise modified.

               4.2. Assignment of Rights. Coach ac1aowledges that the total compensation to be
        paid to Coach under this Agreement is intended to include any and all amounts Coach might
        have expected to received from (1) any television and radio shows and advertising revenues
        derived Croll those shows; and (2) any anangeinents with athletic shoe, apparel, or equipment
        c-üinpanies. It is therefor understood and agreed that any and all rights CO'ach has in the
        production and compensation for any televis~ún and radio shows and related advertising and 'lily
        shoe, appareL, or equipment arrangements are hereby assigned in their entirety to the University,
        anù the University may reassign anyand all of the rights assigned to it by Coach.

                   lii connection with said assigmueiit, Coach agrees as follows:

                   :1. To grant the University the right to Use Coach's name and likeness in promoting
                              any television or radio show related to the Team;

                  h. To grant the University the right to permit others to sell all or a portion of the
                        advertising for any such show;

                  c. To grant the University the right to collect and retain the revenues generated from
                              the sale of advertising on any such show;

                  c/. To appear on any such show and to work cooperatively with the producer of slich
                             shows in scheduling taping sessions and other related production issues; and

                 e.          To work cooperatively with any shoe, apparel, or equipment company to assist in
                             the fulfillment of the University's obligations under any anangement with tle
  )

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                       shoe, apparel; or equipment company as it pertains specifically with regarùs to
                       those provisions wriich are applicable solely to the Men's Basketbal1 Program.

              Tlüs assignment of rights section does not apply to Coach's commercial endorsement DC
       otber products or services for a fee, provided such endorsements shall be undeiiaken onlyafier
       consultation with the Departent and shall not conflict with any University policies or
       commercial relationships.

             4.3. Report of Athletically Related Income (NCAA. Bylaw 11.2.2.). The University
       and Coach hereby stipulate that Coach shall annual1y provide a written, detailed account to the
       President of the University for all athletically-related income and benefits fl.-om SOlUCCS ouiside
       thc University. Coach shall also comply with all University policies related to approval and
       repoi1ing of outside income and benefits.

               The NCAA has described the following sources of athletically related income and
       benefits:

               n. Ineome from annuities;

               h. Sports camps;

               c. Housing benefits. (including preferential housing arrangements);

              d. Countr club memberships;

              e. Complimentary ticket sales;

              J. Television and radio programs; or

              g. Endorsement or consultation contracts with athletic shoe, apparel, or equipment
                    manufacturers.

      i:;t1ch year Coach shall deliver to the University a report of all athletically related income, as
      Jlrovided by NCAA rules.

              4.4. Notices/Administration. All notices, requests, and other commuriications from
      one of the parties to the other shall be in writing and, except as otherwise provided herein, shall
      be considered to have been duly given or served if sent by United States mail, first-class,
      certified or registered, postage pre-paid, retur receipt requested, to the respective pary at his or
      its address set forth below or to such other address set forth below or to such other address as
      slich paity may hereafter designate by notice to tlie other:

             As to Coach:                    Orlando (Tubby) Smith




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                     With copy to:                                Joseph R. LetT
                                                                  Attomey at Law
                                                                  The Leff Law Group, LLC
                                                                  P.O. Box 5368
                                                                  Lake Wylie, South Carolina 29710

                     As to the University:                        University of          Minnesota
                                                                  Deparment of Intercollegiate Athletics
                                                                  Attention: Director Joel Maturi
                                                                  516-l5th Avenue S.E.
                                                                  Minneapolis, MN 55455

                     With copy to:                                University of          Minnesota
                                                                  Office of       the General Counsel
                                                                  Attention: General Counsel
                                                                  360 McNamara Alumni Center
                                                                  200 Oak Street S.E.
                                                                  Minneapolis, MN 55455-2006

                    4.5, Amendment. Any amendment to this Agreement shall be in writing executed and
         delivered by the paiiies.

    ~               4.6. Parties in Interest/Assignment. This Agreement shall be binding upon and the
    J
         benefits and obligations provided for herein shall inure to the parties hereto and their respective
         heirs, legal representatives, successors, assigns, transterees, or donees, as                  the case may be. No
         fJonioli of ihis Agreement shall be assignable without the prior written consent of1he other paiiy.
                   4.7. Effect of Prior Agreemen ts. This Agreement is intended by the parties as ihe
         .final and binding expression of their contract and agreement and as the complete and exclusive
         statement of the terms thereof This Agreement supersedes and revokes all prior negotiations,
         representations, and agreements, whether oral or written, relating to the subject matter hereof,
         except as expressly provided herein.

                   4.8. Enforceability. If any provision contained herein shall be deemed or clecl,irc(/
        IlncnJòrceable, invalid, or void, the same shall not impair any of the other provisions conl:iiiicd
        Iierein, wh.ich shall be enforced              in   accordance with their respective terms.

                  4.9. Construction. The headings preceding and labeling the sections of this
        Agreement are for the purpose of identification only and shall not in any event be employed or
        iised for the purpose of constrction or interpretation of any portion of this Agreement. No
        waiver by any party of any default or nonperformance hereunder shall be deemed a waiver or
        :iny subsequent default or nonperformance. As used herein and where necessaiy, the singukir
        shtdl include the plural and vice versa, and masculine, feminine and neuter expressions SI1il1 IK'
        j niercLiangeab Ie.

                  4.10. Applicable Law. The laws of the state of Minnesota shall govem this Agreement
        imd any constmction or interpretation thereof.
; ~-)

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'. :""=

                   11' WITNESS WHEREOF, the undersigiied have caused this Agreement to be executed
           ;1S () r the elate first shown above.




           D3te:_ C ~1~lSl2~-                       y _~_~~L_ ,. ...... ~)
                                                    B ;(y~~..n .it;. _~__.~ -
                                                          Orlando (Tubby) Smith .. ..
                                                          Head Men's Basketball Coach



                                                    REGENTS OF THE UNIVERSITY OF
                                                    MINNESOTA



           f)ate: )L !?O/07
                    f- (
                                                   BY~7?~'_--~
                                                          Vice President and Chief a f Staff


                                                   Recommended for Approval:



          Date: (i rT~"'' G- Î                     By~i:gS-
                                                         Intercollegiate Athletics


                                                   Approved as to Form and Legality:


                                                                                               ---
                     .i
          Dilte: ~j( /3910"1                       BY:__~Mark B. Rotenberg
                                                         General Counsel




                                                    11
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                                                                     EXHIBIT A

                                                              SCHEDULE OF INCENTIVES

                   1n lieu of any other performance based bonus plan the Uiiiversity may   adopt for sports
             coaches or other University employees, the University shall pay Coach the following incentive
            bonuses, consistent with the requirements of Section 2.5 and all other terms of this Agreement:

                        1. NCAA Tournament. If the Team shall play in the NCAA Championship
            Toumament during the Tenn ofEmploYllent, the University shall pay Coach as follows:

                                   a. F or winnng the national championship, Five Hundred Thousa:ii I and
                                              No/100 Dollars ($500,000);

                                  b. For playing in the Finál Four, Two Hundred FiftyThousand and No/lOO
                                              Dollars ($250,000);

                                  c. For playing in the Elite Eight, Seventy-Five Thousand and Noll 00 Dollars
                                             ($75,000);

                                  d. For playing in the Sweet Sixteen, Fifty Thousand and NollOO Dollars
                                             ($50,000);

                                  e. For each year the Team is invited to play in the NCAA Championship
                                             Toumament, One Hundred Thousand and Noll 00 ($100,000).

           The :=moLints proviqed within                this paragraph I are cumulative.

                      II. Big Ten Finish. The University shall pay Coach a bonus based upon the Tcartls
           Big Ten finish that concludes during the Tenn of                  Employment, as follows:

                                                         Finish                             Amonnt of    Bonus
                                  a.         Big Ten Regular Season                                $250,000
                                             Champion

                                  b.         Dig Ten Regular Season 2nd
                                             Place, in 2007-2008, 2008-                            $100,000
                                             2009, or 2009-2010 seasons
                                             only

                                  c.        Big Ten Tournament                                     $100,000
                                            Champion




                                                                       A-I
             or. . Academiç Performance. The University shall pay Coach a bonus based on the
    (lnnual Academic Progress Rate ("APR") for the Team as established each year by the NCAA,
    beginning at the end of FY 2008, as follows:

                   a.      APR greater than or equal to 930          $ 25,000

                   b.      APR greater than or equal to 940          ,$ 50,000

                   c.      AlR greater than or equal to 950          $ 100,000

    The amounts provided within this paragraph III are not cumulative.

             iv. Graduation Rate. Each year, begiiining at the end of the 2007-2008 academic
    year, the University shall pay Coach a bonus of One Hundred Thousand and NollOO Dollars
    ($ i 00,000) if the four-year average of the Team's six-year graduate rate, as detemiined by the
    University consistent with NCAA rules, is equal to or higher than 50%. The four-year average
    SIi;I1J be bciserl on the rates of the just-completed academic year and the three previous academic
    years.




)

                                                 A-2

								
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