ASSISTANT COACH EMPLOYMENT AGREEMENT This Assistant

ASSISTANT COACH EMPLOYMENT AGREEMENT

This Assistant Coach Employment Agreement (“Agreement”) is entered into by and

between Brett Maxie (“Coach” or “Assistant Coach”) and The Regents of the University of

Colorado, a body corporate, (the “University”) on behalf of the University of Colorado

Boulder’s (“CU-Boulder”) Department of Intercollegiate Athletics (the “Athletics Department”),

collectively referred to herein as (“Parties”).

RECITALS

WHEREAS, the University desires for Maxie to serve as Assistant Coach of the

Football Program (“Team” or “Program”) at the University and Coach agrees to serve in such

capacity;

WHEREAS, Coach’s position is funded by revenues generated through auxiliary

activities, and therefore this Agreement is authorized pursuant to section 24-19-108(1) (e),

C.R.S.;

NOW, THEREFORE, in consideration of the mutual representations, agreements, and

promises contained herein, the parties agree as follows:

AGREEMENT

1. Term. The University agrees to employ Maxie as Assistant Coach for the Football

Program at the University for a term beginning July 1, 2020 and extending through

February 14, 2022 unless earlier terminated as set forth herein. Whenever the term

“Contract Year” is used in this Agreement, it refers to that period of time between

February 15 of one year and February 14 of the next year, with the exception of the

initial year of this Agreement in which the first Contract Year will be the date of

Board of Regents approval through February 14, 2021.

2. Duties. Coach agrees to serve as the Assistant Coach for the Football Program

under the terms and conditions of this Agreement. Assistant Coach shall report to

and be under the immediate supervision of the Head Coach of the Football

Program (“Head Coach”) or Designee. Assistant Coach shall perform duties in

current job description and as assigned, as well as regularly confer with Head

Coach on matters concerning administrative and technical decisions.

3. Base Salary. During the time that Assistant Coach is employed by the University

as a coach, Assistant Coach will be paid an initial base salary $325,000 in year one

of the Contract Year (“Base Salary”) paid in monthly pay periods, commencing July

1, 2020 in accordance with and subject to the University’s normal payroll process.

In Contract Year two of this Agreement the Base Salary will increase to $350,000.

All Parties agree, however, that in Fiscal Year 2020 – 2021 (July 1, 2020 – June 30,

2021), Assistant Coach’s Base Salary will be temporarily reduced by five percent

(5%) in accordance with a University-wide salary reduction plan necessitated

because of the financial circumstances created by the COVID-19 pandemic. As a

University employee, the Assistant Coach shall be eligible for and participate in

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applicable employee benefits provided to University staff employees, including

participation in retirement and health plans. Assistant Coach may be eligible for

salary adjustments to the Base Salary in accordance with the University’s

compensation principles and policy for University Staff professionals. Assistant

Coach’s Base Salary may be increased from time to time upon review by the

University and any such adjustment shall be effective upon the next payment date.

4. Supplemental Salary/Courtesy Car. The University shall provide Assistant Coach

either a courtesy car or $600 per month, prorated for a partial month, in lieu of a

courtesy car, automobile allowance, or reimbursement of any expenses (including

mileage and parking) for in-state automobile travel.

5. Compliance with Federal & State Laws, Laws of the Regents, University

Policies.

A. Assistant Coach shall supervise, plan, administer, and coordinate the activities

of Program with integrity and in a manner that is consistent with the Laws of the

Regents, Regent Policy, University of Colorado Administrative Policy

Statements, campus policies, and academic goals of the University.

Modifications, changes, additions, and/or deletions to such policies shall

automatically apply to this Agreement without the necessity of a written

notification.

B. Assistant Coach shall conduct himself in a matter that is in compliance with and

does not result in material or repeated violations of federal and state laws, Laws

of the Regents, Regent Policy, University of Colorado Administrative Policy

Statements, campus policies, or the applicable governing policies, constitutions,

laws, rules and regulations of the NCAA. Modifications, changes, additions,

and/or deletions to such policies shall automatically apply to this Agreement

without the necessity of a written notification.

C. Assistant Coach is a Campus Security Authority (“CSA”) as that term is defined

in the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime

Statistics Act and its implementing regulations (“Clery Act”). As a CSA,

Assistant Coach is required to report at least annually certain criminal offenses

required under the Clery Act to the CU Boulder Police Department (“CUPD”).

CSAs are required to report only those offenses that occur on campus, in or on

noncampus buildings or property owned or controlled by the University, and

public property within or immediately adjacent to our campus, as those terms

are defined under the Clery Act. If Assistant Coach does not know the exact

location, Assistant Coach is still required to report information Assistant Coach

does know to CUPD. If a crime that may represent a serious or ongoing

threat to the CU-Boulder community is reported to Assistant Coach,

Assistant Coach cannot wait until the end of the reporting year to report

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the incident to CUPD. Assistant Coach has an obligation to report such

crimes immediately to the CUPD. Any question about whether a serious or

ongoing threat exists shall be deferred to CUPD. Assistant Coach agrees

to comply with all reporting obligations imposed on a CSA by the Clery

Act as well as by applicable University policies.

D. Assistant Coach shall comply with the Athletics Department’s policies that may

be in effect from time to time throughout the term of this Agreement, including,

without limitation, the Athletics Department’s policies regarding the general

responsibilities of its coaches, so long as those Athletics Department polices are

consistent with generally applicable university policies. Modifications, changes,

additions, and/or deletions to such policies shall automatically apply to this

Agreement without the necessity of a written notification.

E. Assistant Coach shall abide by all applicable Laws of the Regents, Regent

Policy, University of Colorado Administrative Policy Statements, and campus

policies, as may be in effect from time to time. Modifications, changes,

additions, and/or deletions to such policies shall automatically apply to this

Agreement without the necessity of a written notification.

F. Assistant Coach shall receive training annually on the Laws of the Regents,

Regent Policy, University of Colorado Administrative Policy Statements, and

campus policies applicable to Assistant Coach and the Football Program

coaching staff, including any updates on any modifications, changes, additions,

or deletions to such policies that have been made by the University in the

preceding year. Assistant Coach will directly participate in all training sessions,

whether live or online.

6. Conference and NCAA Legislation. This Agreement is subject to Pac-12

Conference Regulations and NCAA Legislation (“Legislation”) and, to the extent

applicable, the Legislation is incorporated herein by reference and shall prevail over

the terms of this Agreement, to the extent inconsistent with any provisions herein.

Modifications, changes, additions, or deletions to Legislation shall automatically

apply to this Agreement without the necessity of a written notification.

A. Compliance Promotion and Monitoring. In addition to the mandatory obligation

to report potential NCAA/Conference violations as set forth below, Coach

agrees to promote an atmosphere for compliance and to monitor the compliance

of all other persons under Coach’s supervision, including any staff and the

student-athletes, with the rules and regulations of the NCAA, the Conference,

and such rules and regulations concerning intercollegiate athletics, athletics

personnel, and student-athletes as may from time to time be promulgated by the

University and the Athletics Department.

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B. Responsibility to Cooperate. Coach acknowledges that NCAA Bylaws under

19.2.3 require that all current and former institutional staff members or member

institutions have an affirmative obligation to cooperate fully with and assist the

NCAA enforcement staff, the Committee on Infractions and the Infractions

Appeals Committee to further the objectives of the Association and its

infractions program.

C. Athletically Related Income and Benefits. An athletics department staff member

who receives athletically related income or benefits from a source outside the

institution (e.g., income from endorsement or consultation contracts with apparel

companies, equipment manufacturers, television and radio programs; income

from ownership, control or management of a foundation, organization or other

entities; etc.) must report such earnings to the President or Chancellor on an

annual basis. The approval of such income, endorsements, and benefits shall

be consistent with Regent Law, University Policy, and the Department of

Athletics’ Policies and Procedures. (See Bylaw 11.3.2.1.1.)

D. Violations. If the University Athletics Director, the Conference, or the NCAA

determines that Coach has violated “Legislation”, in addition to any remedies

provided by this Agreement or at law, Coach acknowledges, in accordance with

NCAA rules, that a coach shall be subject to disciplinary or corrective action as

set forth in the provisions of the NCAA infractions process (see Bylaw 19), as

now existing or as amended from time to time, including suspension without pay

or termination of employment.

E. Reporting. Coach shall immediately report any potential or known violations of

NCAA or conference rule of which Coach has actual knowledge to the Athletics

Director and/or the Director for Compliance.

7. Termination by Assistant Coach

A. Written Notice. Coach may terminate this Agreement prior to the end of the

Term by giving the Athletics Director three (3) days’ advance written notice

specifying an effective date of termination. Such termination by Coach should

occur at a time outside of the team’s regular playing season, including post-

season games, so as to minimize the impact of such termination on the team

and program.

B. Other NCAA/Pac-12 Position/Liquidated Damages. In the event that Coach

terminates the Agreement prior to the end of the Term and takes an Assistant

Coach, Assistant Head Coach, Co-Coordinator or Coordinator NCAA, NFL or

Pac-12 coaching position at a different institution, the Parties acknowledge that

the University will experience substantial damages that may be difficult to

quantify because the employment is for a unique and specialized position and

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the University desires to promote long-term stability of the Program in order to

assist in recruiting players, retaining staff, and building support for the Program

and this stability would be damaged.

i. In the event that Assistant Coach takes an Assistant Coach, Assistant

Head Coach, Co-Coordinator or Coordinator NCAA or NFL Coaching

position during the term of this Agreement, Assistant Coach shall pay the

University as liquidated damages a sum of $100,000.

ii. In the event that Assistant Coach takes an Assistant Coach, Assistant

Head Coach, Co-Coordinator or Coordinator Pac-12 coaching position

during the term of this Agreement, Assistant Coach shall pay the

University as liquidated damages an additional sum of $50,000.

iii. If Assistant Coach takes a Head Coach NCAA coaching position,

liquidated damages are waived.

iv. ASSISTANT COACH ACKNOWLEDGES THAT THIS AMOUNT WAS

SPECIFICALLY NEGOTIATED BETWEEN THE PARTIES. THESE

LIQUIDATED DAMAGES FAIRLY AND REASONABLY ESTIMATE

THE INVESTMENT THE UNIVERSITY IS MAKING IN ASSISTANT

COACH AND THE DAMAGES THE UNIVERSITY WOULD INCUR IF

ASSISTANT COACH WERE TO VOLUNTARILY TERMINATE THIS

AGREEMENT; AND, THEREFORE, SHALL NOT CONSTITUTE A

PENALTY.

C. Payment Procedure. Liquidated damages shall be due and payable within sixty

(60) days after the effective date of the termination of this Agreement by Coach.

Failure to timely pay liquidated damages, or enter into a mutually acceptable

payment agreement with the University shall constitute a breach of this

Agreement and shall be actionable, together with reasonable attorney’s fees

and the costs associated with recovery of the liquidated damages.

8. Notification of Intent to Seek or Accept Another Coaching Position. The

parties agree that should another coaching opportunity be presented to Coach, or

should Coach elect to pursue another coaching position, requiring the performance

of duties prior to the expiration of the term of this Agreement, Coach must notify the

Athletics Director before any discussions can be held between Coach and any

prospective employer or contractor. Coach further agrees, and hereby specifically

promises, not to negotiate for or accept employment, under any circumstances, as

a coach requiring performance of duties prior to the expiration of the term of this

Agreement without first giving three (3) days written notice to the Athletics Director.

9. University Termination or Suspension for Cause

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A. Cause. Coach’s employment may be suspended for a period of time, without

pay, or terminated for cause with immediate cessation of all salary payments

and fringe benefits, except for salary or incentives earned by Coach prior to

suspension or termination, based on, but not limited to, any one or more of the

following grounds:

i. Insubordinate conduct, provided that Coach has been given notice of that

insubordinate conduct and, unless in the sole opinion of the Athletics

Director the conduct is flagrant or repetitive, an opportunity to correct the

conduct.

ii. Use or consumption by Coach of alcoholic beverages, drugs, or

controlled substances in such degree and for such appreciable period or

under circumstances as to significantly impair the ability to perform job

duties; or failure by Coach to fully cooperate in the enforcement and

implementation of any drug testing program established by the University

for student-athletes.

iii. Coach is indicted, bound over for trial, or a finding of probable cause is

otherwise made or coach enters a plea of guilty or of nolo contendere,

whichever comes earlier, in a criminal case (excluding minor traffic

offenses).

iv. A finding by the University Office of Internal Audit of fraud,

misappropriation, fiscal misconduct as defined within university policy, or

embezzlement by Coach.

v. Any Level I and/or Level II violation by Coach of NCAA Legislation or

Pac-12 Conference Regulations, as determined by the Athletics Director

in Consultation with the Director of Compliance, resulting from the

operation of the Program.

vi. Any Level I and/or Level II violation of NCAA Legislation or Pac-12

Conference Regulations, as determined by the Athletics Director in

consultation with the Director of Compliance, resulting from the operation

of the Program if the violation was committed by any program personnel;

any student-athlete; or any other “representative of the University’s

athletic interest” (as defined by the NCAA) if, in the judgment of the

Director of Compliance in consultation with the Athletics Director, Coach

knew or should have known of the violation; had prior knowledge of the

violation and did not prevent or try to prevent the violation; and/or

concealed or failed to report the violation.

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vii. Any repeated Level III violations of NCAA or Pac-12 Conference

legislation, as determined by the Athletics Director in consultation with the

Director of Compliance, resulting from the operation of the program, if, in

the judgment of the Athletics Director, Coach knew or should have known

of the violations; and/or concealed or failed to report the violations. In

order to provide a basis for termination, all such Level III violations must

have occurred during the term of Coach’s tenure as Coach. Further,

such Level III violations must be determined, in the sole judgment of the

Athletics Director to reflect adversely on the University, the Athletics

Department, or the Program.

viii. Statements by Coach concerning the University, its personnel, programs,

policies and/or departments that, in the judgment of the Athletics Director

in consultation with the Chancellor, cause damage to the University’s

reputation.

ix. Immoral, dishonest or other conduct that, in the reasonable judgment of

the Head Coach in consultation with the Athletics Director, falls below the

minimum standards of professional integrity or that is inconsistent with

the professional standards expected of a coach of a collegiate sports

team and that is prejudicial to the best interests of the University or that

violates the University’s mission.

x. Fraud or dishonesty (including falsification or alteration) by Coach or any

other person reporting to Coach (if Coach knew or should have known

about the other person’s fraud or dishonesty and permitted, encouraged,

condoned or failed to report such fraud or dishonesty) in the preparation,

maintenance, and/or submission of:

1. Any document of the University, NCAA or the Pac-12 Conference

2. Any document required to be prepared, submitted and/or

maintained by law, governing athletic rules or University or CU

Boulder rules, policies, or Regent laws and/or policies; or

3. Any document or record pertaining to any recruit of student-athlete

“Document”, as used herein, includes without limitation, expense report

or other reimbursement request, transcripts, eligibility forms and

compliance reports.

xi. Soliciting, placing or accepting by Coach of a bet on any intercollegiate or

professional athletic contest, or permitting, condoning or encouraging by

Coach of any illegal gambling, bookmaking or illegal betting involving any

intercollegiate or professional athletic contest whether through a

bookmaker, a parlay card, a pool or any other method of organized

gambling; or furnishing by Coach of information or data relating in any

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manner to the Team or any other sport to any individual known by Coach

to be or whom one should reasonably know to be a gambler, bettor or

bookmaker, or an agent of any such person, or the consorting or

associating by Coach with such persons.

xii. Any material violation of any Laws of the Regents, Regent Policy,

University of Colorado Administrative Policy Statements, or campus

policies or being found responsible by the University of Colorado Office of

Institutional Equity and Compliance for violating Administrative Policy

Statement 5014 or any corresponding campus policy related to

discrimination, harassment, or sexual misconduct.

xiii. Failing to immediately report to the Athletics Director serious student-

athlete or Football Program staff misconduct Assistant Coach knew or

should have known about. If the allegation of misconduct involves the

Athletics Director, Assistant Coach must report to the Chancellor. Nothing

in this paragraph shall be construed to relieve Assistant Coach of any

other reporting obligations imposed upon him by the Laws of the

Regents, Regent Policy, University of Colorado Administrative Policy

Statements, or campus policies, including but not limited to: reporting

obligations to law enforcement as a Campus Security Authority; reporting

obligations to the Office of Institutional Equity and Compliance under

Administrative Policy Statement 5014 or any corresponding campus

policy related to discrimination, harassment, or sexual misconduct; and

reporting obligations to the Department of Internal Audit for fiscal

misconduct.

xiv. Failure to comply with Provision 8 of this Agreement regarding

Notification of Intent to Seek or Accept another Coaching Position.

xv. Engaging in conduct or coaching techniques that are contrary to

recognized conduct and techniques in coaching and that in the

determination of the Athletics Director, endangers, or could endanger,

student-athlete health, safety, or welfare.

xvi. Failure to cooperate with the Pac-12 Conference, NCAA, or University

staff in connection with investigation of possible Program violation of

NCAA or Pac-12 Conference legislation or Laws of the Regents, Regent

Policy, or other University, or campus policies.

xvii. Any other material failure of Coach to perform job duties or to comply with

a term or obligation of this Agreement (not addressed in the above

paragraphs), where the failure continues for thirty (30) days, without

remedy, after Coach has been provided written notice of the failure and

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any remedial action deemed necessary by the University; provided

however, that, if the nature of the failure is such that it cannot reasonably

be remedied within such initial thirty (30) day period, the period for

remedying the failure may be extended at the discretion of the Athletics

Director for an additional sixty (60) days so long as Coach begins to take

remedial action in a timely manner during the initial thirty (30) day period

and thereafter pursues such remedial action diligently to conclusion. The

extension of the initial thirty (30) day remedy period shall not apply if, in

the good faith determination of the Chancellor, any such extension would

materially and adversely affect the University, CU-Boulder, the Athletics

Department, and/or the Program, in which case the period of Coach’s

taking of remedial action shall end after the initial thirty (30) day remedy

period without giving effect to the sixty (60) day extension period.

B. No Further Payment/Benefits Obligation. If Coach’s employment is terminated

for cause, the University shall have no further obligation to make further

payments and/or to provide any other consideration or benefits under this

Agreement as of the effective date of the termination, except for compensation

or benefits earned by Coach before the effective date of termination.

10. University Termination Without Cause. The Parties agree that the University

reserves the right to terminate this Agreement without cause at any time by giving

Coach written notice of such decision.

A. Damages Claim. If the University terminates this Agreement prior to the end of

the Term for any reason other than the cause, death, or disability provisions of

this Agreement (“Termination Without Cause”), then Coach shall be entitled to

claim damages from the University in an amount up to and which shall not

exceed the current Base Salary per each year of the remaining term of the

Agreement. Any such damages in the year in which Coach was terminated

shall be prorated based on the amount already earned in Base salary.

NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, THE

UNIVERSITY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL,

INDIRECT, LOST PROFIT, PUNITIVE, SPECIAL OR SIMILAR DAMAGES

EVEN IF THE UNIVERSITY HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES.

B. Damage Mitigation Obligation. Coach agrees that he has a duty to obtain new

employment to mitigate damages arising from termination under this Paragraph.

Such payments shall be reduced by any amounts Coach receives for services

for comparable professional employment by Coach, such as, for example,

employment in the position of quality control, assistant coach, coordinator, co-

coordinator, assistant head coach, head coach or other executive position at an

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institution of higher education or professional football league, television analyst

or commentator, scout, or executive position in an athletics-related industry.

Coach further understands and agrees Coach is receiving payments while

delivering no employment service to the University, accordingly, the University’s

obligation herein shall be strictly construed, and Coach shall not be entitled to

such compensation absent reasonable and affirmative efforts to secure

employment. Coach agrees to provide information about his mitigation efforts to

Athletics Human Resources on a regular basis in order to comply with his

responsibilities pursuant to this Paragraph.

If Coach accepts employment, signs an employment agreement (if applicable),

or otherwise agrees to perform such services, Coach shall promptly give notice

to the Athletics Director of such employment, the effective date of employment,

a copy of the employment agreement, if applicable, and the amount of all

compensation provided or to be provided in the future for duties performed

during the period when Coach would have been employed by the University

under this Agreement had it not been terminated, to later be verified by a W-2

and/or 1099 form for the new employment position.

C. Market Rate Payment in New Position. Coach must be paid actual market rate

in new position. USA Today salary survey, WINAD and other coaching

compensation databases can be used to consider actual market rate. To the

extent permitted by applicable law, the University reserves the right to adjust the

compensation due and owing to Coach if Coach’s new compensation appears to

be contrived to rely upon payments to Coach from the University. In the event

Coach’s new position apportions compensation such that it increases or

balloons after the University’s payments cease, or if the subsequent

employment arrangement otherwise attempts to avoid the net effect of this

provision, Coach expressly agrees that University retains the right to assign a

reasonable market value of compensation to Coach’s new position based on its

assessment of similar positions.

D. Damage Claim Procedure. In the event of Termination Without Cause, Coach

shall submit a claim to the University for damages incurred (subject to the

damages mitigation obligation above). The University and Coach shall attempt

to resolve Coach’s claim pursuant to a mediation process to be mutually agreed

upon by the University and Coach. Should the University and Coach be unable

to reach an agreement on the amount of damages due Coach within thirty (30)

days after Coach submits the claim, then Coach shall be entitled to pursue legal

action against the University for such damages. All statements, documents,

admissions, or proposals exchanged by the University and Coach pursuant to

this mediation process shall be deemed settlement and mediation materials and,

accordingly, shall be considered confidential to the extent permitted by law and

may not be used by either the University or Coach in further proceedings.

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E. Payment Procedure. Any resolution, including settlement or court order, of

Coach’s damages claim, shall be paid in equal monthly installments from the

date of resolution to the Term end date of this Agreement. In addition, upon

Termination Without Cause, Coach agrees the University can withhold from final

payment amount any obligations including, but not limited to, any charges for

damages to Coach’s courtesy car (if applicable), personal charges on Coach’s

University-PCard, and/or outstanding travel advances.

11. Termination for Death or Disability. This Agreement will automatically terminate

if Coach dies or becomes disabled such that Coach is not able to perform the

essential functions of the job, with or without reasonable accommodation. If this

Agreement is terminated because of Coach’s death or disability, Coach’s salary and

all other benefits shall end in the month of Coach’s death or disability except that

any insurance or other similar benefits may continue in accordance with their terms

or University policy.

12. Reporting of Income. The parties acknowledge and agree that all compensation

payable under this Agreement shall be subject to applicable federal and state taxes,

including withholding taxes. All Form W-2 reportable compensation included in this

Agreement shall be subject to all applicable withholding and subject to all applicable

employer contributions, including contributions as required under the University’s

retirement plan.

13. Notice. Any notice or other communication pursuant to this Agreement shall be in

writing, and hand- delivered, sent via registered or certified mail, or overnight

courier and will be deemed provided, if; hand-delivered, on the date of delivery;

mailed, the date deposited, postage prepaid, in the United States mail; or sent by

overnight courier, one business day after delivery to such courier. Any notice or

other communication will be addressed as set forth below, or to such other updated

address as any party advises the other in writing:

If to the University: Chancellor, University of Colorado Boulder, 914 Broadway, 017

UCB, Boulder, CO 80309.

with a copy to: Office of University Counsel, University of Colorado Boulder, 924

Broadway, 013 UCB, Boulder, CO 80309.

If to the Athletics Department: Director of Intercollegiate Athletics, University of

Colorado Boulder, 368 UCB, Champions Center, Boulder, CO 80309.

with a copy to: Office of University Counsel, University of Colorado Boulder, 924

Broadway, 013 UCB, Boulder, CO 80309.

If to Coach: Department of Intercollegiate Athletics, 372 UCB, Boulder, Colorado

80309.

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14. Regent Approval. This Agreement shall not be binding upon the University until it

is signed by both the Director of Athletics and the Chancellor of the University of

Colorado Boulder and approved by the Board of Regents.

15. Miscellaneous.

A. Entire Agreement. This Agreement contains the entire agreement of the Parties

and shall be binding upon the Parties, their heirs, administrators, successors

and assigns. This Agreement represents the complete integration of all

understandings between the Parties and all prior representations and

understandings, oral or written, are merged herein. Prior or contemporaneous

additions, deletions, or other changes hereto shall not have any force or affect

whatsoever, unless embodied herein.

B. Amendments or Modifications. This Agreement may not be amended or

modified except as mutually agreed upon by the Parties in a document that is

reduced to writing, and signed by both Parties.

C. Waiver. Waiver by any party of a breach of any provision of this Agreement shall

not operate as or be construed as a waiver of any subsequent breach hereto.

D. Severability. If any provision of this Agreement is determined to be void, invalid

or unenforceable for any reason, it shall be considered severed from this

Agreement and such invalidity shall not affect the validity or enforceability of the

remaining provisions.

E. Applicable Law. This Agreement shall be governed by and construed under the

laws of the State of Colorado.

F. Consent to Jurisdiction and Venue. Any action brought under this Agreement

shall be brought only in the District Court of Boulder County, Colorado, or the

United States District Court for the District of Colorado in Denver, Colorado and

each party waives the right to seek a change of venue to any courts other than

those courts.

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IN WITNESS WHEREOF, the Parties have executed this Agreement by their

respective duly authorized representatives.

THE REGENTS OF THE UNIVERSITY COACH

OF COLORADO, a body Corporate

By: ___________________________ By: _________________________

Philip P. DiStefano Brett Maxie

Chancellor, University of Colorado Boulder

Date: _________________________ Date: ________________________

Recommended:

By: ___________________________

Rick George

Athletics Director, University of Colorado Boulder

Approved as to Legal Sufficiency for University: Approved by Agent or Legal Counsel for

Coach:

By: __________________________ By: __________________________

Date: _________________________ Date: ________________________

Approved as to Legal Sufficiency for the Regents of the University of Colorado:

By: __________________________

Dan Wilkerson

Interim Vice President, University Counsel & Secretary of the Board of Regents

Date: _________________________

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6/12/2020

6/15/2020