(MODEL A TILETICSCONTRACT)

EMPLOY

NT AGREEMI]NT

This EmploymentAgreement(Agreemen is enteredinto by and betwee.nIdaho StateUniversity

(University) and William L. Evans(Coac

RTICLE 1
1.1. Ernployment, Subject
Universityshall employCoachas the
(Team). Coachrepresentsand warrantst
employment, in this capacity.

the terms and conditions of this Agreement, the

coach of its intercollegiatemen's basketballteam
t Coachis fully qualified to serve,and is availablefor

L2. ReportingRelationship.
shall report and be responsibledirectly to the
University'sDirectorof Athletics(Di
or
the
Director's designee.Coach shall abideby the
)

reasonableinstructionsof Director or the

or the Director's designeeon all adminj

thegeneralsupervision
of theUniversity's

irector'sdesigneeand shall confer with the Director

ive and technicalmatters.Coach shall also be under

1.3. Duties.Coachshallm
dutiesin the University'sathletic
elsewhere
in this Agreement.TheUniver
to duties at the Universityother than
compensation
and benefitsshall not be
opportunityto earnsupplemental
cease.

ident(Presiden$.

andsupervise
the'Ieamandshallperformsuchother
asthe Directormay assignand as may be described
ty shallhavethe right,at any time,to reassign
Coach
head coachof t.heTeam, providedth.atCoach,s
ted by any sudh reassignment,excerptthat the

tion asprovidedin sections

3.2.1through3.2.6shall
CLE 2
a fixed-termappointmentof four ( 4 ) years,
rg, withoutfurthernoticeto Coach,on May 09,
:hotherprovisiqnsof this Agreement.
reementis renewablesolelyuponan offer from
h of whichmustbe in writing andsignedby the
lproval of University'sBoard of Trustees.
This
tenurein employment,
nor shallCoach'sservice
ardtenureatthe University.
:LE 3

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Page I

3.1.1 In consideration
o Coach's servicesand satisfactoryperformanceof this
Agreement,the University shall provide t Coach:
a)

An annual ralaryof $102,152.00

per year,payablein biweekly
instalimen in accordance
with normalUniversityprocedures,
and
such salary increasesas may be determined appropriateby the
Director
Presidentand approvedby the University's Board of

Trustees);
b)

c)

The opport r L J L U receive such ernployee benefits as the

University rovides generally 1.onon-faculty exernpt employees;
and
The o

ity to receive such employee benefits as the

University's Department of Athletics (Department) provides

generallyto its employeesof a comparablelevel. Coach hereby
agreesto a
hereaftera
3.2

by the terms and conditions, as now existing or

of suchemployeebenefits.

SupplementalCompensati

3.2.1. Eachyearthe T
Coach continuesto be emplovedas

is the conferencechampion or co-champion,and if

ity'sheadMen's lJasketballcoachasof the ensuing

May 1st,the Universityshallpay to
supplementalcorilpensationin bn amountequalto
two week'spay(2152x AnnualSalary)of
h's AnnualSal{ryduringthe fiscalyearin which
the championship
is achieved.The Uni
ity shalldetermin{the appropriatemarurerin which
it shallpayCoachanysuchsupplemental mpensation.
'Year,
is namedas the Co4ferenceCoach of the
and if
Coach continuesto be employedas Univ sity's headMen's l]asketball coach as of the ensuing
May 1st,the Universityshallpay to
r supplementalconlpensationin an amount equai to
two week'spay(2152x AnnualSalary)of )oach'sAnnual Sal{ry during the fiscal year in which
the championshipis achieved. The Uni
ity shall determinethe appropriatemannerin which
it shallpay Coachanysuchsupplemental pensation.

3.2.2. EachyeartheCo

3.2.3. Each year the T

either wins the Big Sky Conferencetournamentor
obtains an NCAA Men's BasketballT
ent berth, and if Coach continuesto be employed
as University'sheadMen's Basketball
as of the ensuing\4ay 1st, the University shall pay
to Coach supplementalcompensationin
amount equal to two week's pay (2152x Annual
Salary) of Coach's Annual Salary during
fiscal year in which the post-seasonparticipation
are achieved. The University shall determi e the appropriatenranrer in which it shall pay Coach
any such supplementalcompensation.
3.2.4. Eachyear Coach
an amount up to $15,000basedon the
The determin'ation of whether Coach

I be eligible to receiivesupplementalcompensationin
emic achievementand behavior of Team members.
receive such sup$lementalcompensationand the

onModglcontract version" 06/14/2012

,"r::t'o

timing of the payment(s) shall be at

discretion of the Presidentin consurtationwitrr the
Director and approvedby the University, Board of Trusteesl.
The determinationshall be based
on the following factors:tire conduct of T
r memberson the University campus,at authorized
Universityactivities,in the community,r elsewhereand the Team,s
four-year ApR national
rankingbasedon attainment
of the follow g levels:
RRa

ncenti

60%-69%
70%-79%
800/o
or above

$ 7,000.00
$ 10,000.00
$ 15,000.00

Any such supplementalcompensation

to Coach shall be accompaniedwith a detailed
justification for the supplementalcon
jon based on the factors listed
above and such
justification shall be separateiyreportedt< the
Board of Trusteesas a documentavailableto the
public underthe Idaho public RecordsAct
3.2.5 Record Bonus,
University must pay to Coach supplemental
compensationin the amount of $6.000 fo winning twenty (20)
or more regular seasonmen's
basketballgames.

3,2,6 Each year the T

Tournament,and if Coach continues to

r advances in the NCAA

Men,s Basketball

coachas of the ensuingMay lst, the Uni

an amount equal to the terms below. The

whichit shallpay Coachanysuchsup

Play-In
Round1
Round2
Round3
Round4
Round5
Round6

65 Teams
64 Teams
32 Teams
16Teams
8 Teams
4 Teams
2Teams

Possiblenational championshipwinner

3.2.7 Eachyearthe Team vancesin the NIf Men's Basketballpost-Season

Tournament, and if Coach continues to

coach as of the ensuingMay lst, the Uni
an amount equal to the terms beiow. The

whichit shallpay Coachanysuchsuppl

Round1
Round2

32 Teams
16Teams

employed as Unilrersity's head Men,s Basketball

ity shali pay Coach supplementalcompensationin
niversity shall dete:fminethe appropriatemanner in
ital compensation.
| "'\r/rn

nd
win

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age 3

ract Version:06/14/2012

Round3
Round4
Round5

8 Teams
4 Teams
2 Teams

3d win
4'nwin
5"' win

$4,000.00
$5,000.00
$6,,000.00

Possiblebonuscomputation
total for wiryringNIT Men's Basketball
Post-Season
Iournament:

the sum of $20,000 from the University or the

lmbination the:reofeach year drlring the term of
ration in media programs, public appearances
rts. Coach'sritr;htto receivesuch a paymentshall
tn or post-seasoncompetition,whicheveroccllrs
Agreementsrequiring the Coachto participatein
of University are the property of the University.
to negotiate and contract with all producersof
lic appearancers
by the Coach. Coach agreesto
)rogramsto be successfuland
agreesto provide
d to cooperatein their productir:n,broadcasting,
ch nor any assjii$tant
coachesshall appearwithout
n any compel.ingr-adio or teievision program
call-in show, rlr interview show) or a regularly
dbition shall dot apply to rouLinenews media
ved, Without the prior written approval of the
:cial endorsemontswhich are broadcaston radio
r the University designatedmedia outlets.
'}ERATED B'{ UNIVER.SITY)
Coach agrees
operate youth Men's Basketball camps on its
rsity shall allow Coach the opportunity to earn
re University's camps in Coach'scapacityas a
rssistin the m4rketing, supervision,a.ndgeneral
parlicipationin the lJniversity's summerm{n's L
rail coach at tlle University, or direct those net
ketball prograr+ budget at the University. This
p bills havebeenpaid.
rersityhasthe oxclusiveright to selectfootwear,
Lent-athletes
anrdstaff, including Coach, during
when Coach qr the Team is being filmed by
otographsin their capacityas representatives
of
is negotiatinger has enteredinto an agreement
c footwear, apparel andlor equipment. Coach
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agreesthat, upon the University's reasonablerequest,Coachwill consultwith approtrlriate

parlies
concerning a Nike product's design or performance,shall act as an instructor at a ciinic
lectureat an event sponsoredin whoie or in part
)earancesas lnay be reasonablyrequestedby the
nce, Coach shall retain the right to rleclinesuch
conflict with or hinder his dutiesand obligations
rid enteringinto an agreemeirtwith a competitor
ng agreemenlsto the University for review and
:epofi such outside incorne to the University in
rgreestliat Coach will not endorseany athletic
footwear, apparel andlor equiprnenttrrrodfrcts,
including Nihe, and will not participaiein any
messagesor prornotionalappearances
*hi.l containa comparativeor qualitativedescriptionof
athleticfootwear,apparelor equipmentpr$ducts.
3.3
General
mpensation. All compensation provided by the
Univelsity to Coach is subjectto deducti ns and withholdings as required by law or the terms
and conditionsof any fringe benefit in
Coachparticipates.However, if any fringe benefit
is basedin whoie or in parl upon the
pensationprovided by the University to Coach,such
fringe benefit shali be basedonly on the
nsationpr:ovidedpursuantto section3.1.1, except
to the extentreqniredby the terms and
itions of a specificfringe benefit program.

TICLE4
4.1. egqch's Specific Duties and Responsibilitj.es, In consjderationof the
compensationspecified in this Agreemefrt, Coach, in add;itionto the oblieation.sset forlh
elsewherein this Agreernent,shall:
4'7.1. Devote Coach'sfull time and best efforttsto the perfornanceof Coach's
dutiesunder this Agreement;
4.7.2. Develop and irrLpleinentprograms ancl procedureswith respect to the
evaluation,recruitment,training, and coacilingof Team tnsml,frs which enablethem to compete
successfullyand reasonablyprotecttheir hdalth,safety,and well-being;
cademicstandi{ds,requirements,and policies of
r perform to their highest acadernicpotentialand

mply with all applicable laws and the policies,

'ersity'sgoverningboard,
the corrference,
and the
ensulethat Cofch's assistantcoaches,any other
:esponsible,an{ the membersof the Teamknow,
recognize,and comply with all suchlaws, triolicies,rules and rergulations;
and immediatelyreport
to the Director and to the Departrnent'sDiifctor of Complianceif Coach has reasonablecauseto
believe that any personor entity, inciuclingwithout limitation ;rbpresentatives
of the University's
athletic interests,has violated or is likely t$ violate any such ldws, policies, rules or regulations.
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Coachshall cooperatefully with the lJnir,fersityand Deparlmentat all times. T'henamesor titles
or srlployes
ot
employeeswhom
wnom Loacn
Coachsuperulses
supervises
arp attachedas Exhrbrt
Exhibit C.'1he
C. The applicabielaws,policies,
rules, and regulations include: (a) titatd Board of Erjucat1onand Board of Reeenti of the

Univelsity of ldaho GovemingPoliciesand Procedures

and Ruie Manuuf; Oj'Un1u.r.ri,y,
Handbook;(c) University'sAdministr{tive Proceduresl{anual; (d) the policies of the
Department;
(e) NCAA rulesandregulatfons;
and (f) the rulesandregulationsof the Big Sky
conferenceof which the University is ram$mber.

4.2
Outside Activities. Coacf shali not under{ake any business,professionalor
personalactivities, or pursuits that would prevent Coash frc,m devoting Coach,sfi.rll time and
best efforts to the performanceof Coachfs duties under this Agreement,that would otherwise
detractfrom those duties in any manner, pr that, in the opinion of the Uliversity, would reflect
adverselyupon the University or its athleticprogram. Sub.jectto the terms and conditionsof this
Agreement,Coach may, with the prior wfitten approvalof the Director, who may consultwith
the President,entel into separateanangenJents
for outsicleactivitiesand endorsements
which are
consistentwith Coach'sobligationsunder this Agreement.Coach may not use the University,s
name, logos, or trademarksin connecl.ionwith any such arrangementswithout the prior written
approvalof the Director and the Presidenr.
4.3
NCAA Rules. In accordani:ewith NCAA rules, Coach shall obtain prior written
approval frorn the University's Presidentfor all athleticallyrelated income and benefitsfrom
sourcesoutsidethe University and shall r]eportthe source arLdamount of all such incomeand
benefitsto the University's President'whe[reverreasonablyrerfuested,but in no event less than

annuary
berore
th-";ili'"
:iil:,-.,::;"ffffi1il:?".'jl,i:,H:'l',"';n?"i#
ff;?"bi'nlff;

work day preceding June 30th. The report shail be in a

{ormat reasonably satisfactoryto
University. In no event shail Coachacceptor receivedirectly $r indirectly any monies,benefits,
sociation, cortrroration,University booster club,
dation, or othef benefactor,if the acceptanceor
ruld violate ap$licablelaw or the policies,rules,
:sity's governirlg boar.d,the conference,or the
NCAA.
4.4
Huu-AUnoury. Coa.chslrall have the respo$sibility and the sole authorityto
recornmendto the Director the hiring and ferminationof asgistfntcoachesfor the Team,bui the
decisionto hire or terrninatean assisl.ant{oach shall be mad,Jby the Director and shall, when
necessaryor appropriate,be subjectto the approvalof Presid{nt and the University's Board of
Trustees.
t with, and may make recommendationsto, the
to the schedulingof Team competitions,but the
LeDirector'sdesisnee.

4.6
interviewfor, negotiatefor, or accept
educationor with any professionalspo

ies. Coach shall not, under any circumstances,

oyment as a coach rt any other institution of higher
team, requiring perrformanceof duties prior to the

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Page 6

expirationof this Agreement,without t

unreasonablybe withheld.

prior approvalof tlLeDirector. Suchapprovalshall not

ARTICLE 5

5.1 Termi
for
Coachfrom some or all of Coach,sduti
reassignCoach to other duties; or tern
cause)as thoseterms are definedin appli

ause, The Univer:sity

may, in its discretion,suspend
temporarilyor pet.manently,
andwith or withoutpay;
e this Agreementat any time for good or adequate
le rules and regulations.

5.1.1 In additionto the

nitions containedin applicablerules and regulations,
University and Coach hereby specificaly agree that the fbllowing shall
constitute good or
adequatecausefor suspension,reassignm , or ternination of this Agreement:
a) A deliberateor maj
the refusal or unwil
and to the best of

violation of Coaoh'sdutiesunder this agreementor

ss of Coachto perform such duties in eood faith

's abilities;

b) The failure of Cl

to remedyany violationof any of the terms of this

agreement
within 3 days after written notice fiom the University;

c) A deliberateor m

policies,rulesor
board,the co

violationwhich
anotherNCAA or

vl0
i oiation by

Cc,pchof any applicable law or the

of the Unirlersity, the University'sgoverning

or theNCAA, incfudingbut not lirnitedto anysuch

haveoccuneddurJing
the employmentof Coachat
berinstitution;

d) Ten (10) working days' absenceof Coach from duty without the
University'sconsen
e) Any conductof C
the University'sj
athleticprograms;

that constitutes
tnoral turpitudeor that would, in
reflect adVerselyon the University or its

The failureof Co
to representthe U{iversity and its athletic programs
positivelyin pubiic Ldprivate forums;
g) The failure of
the University in an
law or the policies,
governingboard,the

to fully andpromfrly cooperate

with the NCAA or
investigation
of pogsibleviolationsof anyapplicable
lesor regulations
rrf the University,the University's
onference,
or theI.{CAA;

h) The failure of Coach to report a known Violation of any applicable

law or
the policies, rules
regulations of tlt. University, the University's
governing board, th conference,or tlie NCAA, by one of Coach's

assistant coacltes, any other employees for whom

adrninistrativelyreslponsible,
or a memberof the Team; or

Coach is

i) A violation of any appiicablelaw or the policies,rules or regulationsof

the university, the university's gover.ningboard, the conference,or the
NCAA, by one of Coach's assistantcoaches,any other employeesfor
whom coach is adrjrinistrativelyr:esponsible,oL-a memtrerof the Team if
coach knew or sl]ould have known of the violation and could have
preventedit by ordiirarysupervision.
5.1.2 Suspension,
reassighrnent,
or terminationfor good or adequatecauseshall
be effectuatedby the University as folfows: before tlie effective date o.f the suspension,
reassignrnent,
or terrnination,the DirerJor or his designeeshall provide Coachwith notice,which
notice shall be accomplishedin the mann{r provided for in this Agreernentanclshal] includethe
rall then hav,: an opportunity to respond.After
shall notify Coach whether, and if so when, the

:rmination for good or adequate cause, the

and benefitsto Coach,whetherdirect, indirect,
ate of suchte,rmination,and the Uni'versityshall
ss opportunitiEsor other benefits,perquisites,or
rny other sout:pes.
)AA regulatiqns,Coach shall, in adrlitionto the
provisions of Section 5.1, be subject to disciplinary or cort'ectiveaction as set forth in the
provisions of the NCAA enforcementpro(edures.This sectio:qappliesto violations occuning at
the university or at previous institutiorrsat which the coach w{s employed.

5.2

of Univ
5.2.1 At any time after cilmmencement
of t,{is Agreement,Llniversity,for its

convenience,University shall be obllgat{d to pay Coach,

penalty,the salaryset llorthin section3.1.[(a),excludingall
requiredby law, on the
regular paydaysof University until the terln of this Agreemerlt
.t ends;provided, however,in the
event Coach obtains other empioymentof'any kind or naturd after such termination,then the
amount of coinpensationthe University fays will be adjuste$ and reduced by the amount of
compensationpaid Coach as a result of su]chother employment,such adjustedcompensationto
be calculatedfor each University pay-period by reducing thrJ gross salary se1.forth in section
3.1.1(a)(beforedeductionsrequiredbV lart) by the grosscompensation
paid to Coachunderthe
other employment,then subtractingfrom t[ris adjustedgrosscpmpensationdeductionaccording
to law. In addition, Coach will be entitled to continue his health insuranceplan anclgroup life
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Page 8

/ee until the tqnn of this Agreernentendsor until

Lploymentproviding Coach with a reasonably
:, whicheveroccursfirst. Coach shali be entitled
:ept as othenyiseprovided herein or requiredby
rsity within t,Jnbusinessdays of obtainingother
employment, and to advise University of all relevant telnfs of such employment,including
without iimitation the nature and locatiQnof employment,Salary,other compensation,health
insurancebenefits,life insurancebenef,rt$,and other fringe benefits, Failur:eto so inform and
advise University shall constitute a
{aterial breach of this Agreement and University's
obligation to pay compensationunder tlfrisprovision shall end. Coach agreesnot to accept
employmentfor compensationat less thafrthe fair value of rjs3"L,r services,as determinedby
ail circumstancesexisting at the time pf ernployrhent. r0oach further agrees to repay to
University ali
all compensation paid to hlim
nlim by
Uy Urriversity after the date he obtains other
employment,to which he is not entitledur[derthis provision.
en representedby legal counsel in the contract
to the ,foregqingliquidated damagesprovision,
rach may loge certain benefits, supplemental
compensation,ot outside compensationrelating to his errLploymentwith lJniversity, which
damagesare extremely difficult to deterniinewith cerlainty. The parlies fuither agreethat the
payment of such liquidated damagesby pniversity and the {cceptancethereof by Coach shall
constituteaLtsquaLa
eullbLrLuLs
adequatearrq
and Igasollao_tc
reasonableOompqnsallc
compdnsatic ' A 1 '
by Coach becauseof such termination by Univt
not be construedto be, a penalty.

5.3
5.3.1 The Coach recogni[estl
entire term of this Agreement is of the e$senc(
that the University is making a highly valuable
this Agreementand that its investmentworlrldbe
employrnentwith the University beforethd end r
5.3.2 The Coach, for hiq own convenienceJmay terminate this Agreement
during its term by giving prior wriften notipeto the University. Ter:rninationshall be effectiveten
(10) daysafternotice is given to the Univefsity.
this Agreementfor convenienceaI any time, all
re eff'ectiveda.teof the termination.If the Coach

Agreement is temiinated on or before Ji4ay

Agreement is terminated between May 10, 2t
$25,000.00;(c) if the Agreement is terdrinatedbetweenlvl[y 10, 2014 an<lMay 09, Z0l5
inciusive, the surn of $10,000. The liquid[ted damagesshall fe due and payablewithin twenty
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Page 9

(20) days of the effective date of the telmination. and

any unpaid amount shall bear simpie
interestat arate eight (8) percentp., u*uir until paid,
5'3'4 The parties have b$th been replesentedby legal counsel
in the contract
b1s|ned.for.an{ dgreedto the fbregoing liquidated darnagesprovision,
::-9:tl^1i:1-:',"-td.l*:

s are not, and shall not be construedto be, a

Coachtermindtesthis Agreementbecause
of a

supplemental
compensalion
andotherpayrrients,
5.4
5.4.1 Notwithstauding
any other provision
shall terrninateautomalicallyif coach becofnestotally or pe

university'sdisabilityinsurancecanier,bedomes
.,rrutl. to

positionof headcoach,or dies.

this Agreement, this Agreement

nently disabledas definedby the
rrm the essentialfunctionsof the

rf Coach'sdeath,Coach'ssalary
exceptthat the Coach'spersonal
:ompensationdue or unpaidand
t plan now in force or hereafter
ciariesthereunder.
the Coach becomestotally or
insurance carcier,or becomes
ead coach, ail salary and other
c receive any compensationdue
:d by virtue of ernploymentwith

coach agreesthat coach will not interfere with the lJniversr

n, suspensioll,or reasisignment,

program.

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Page l 0

teglsrauve approprtattons;the receipt of sufficient

funds ir:{ tne account'fi"* ;;i;h
compensationis paid;
:rru' allu
and the
LrIe
Foard nr
nf Trrrcrecc
lrrrctecc onrl
o-J rT-i-'!rsity's
T
' Boara
iruLy s I'ules
rules legalCtng
regarding

financial
ImanCtal

e*gency.
eXigenCy.

6'2

,;;

Llnive$ity-rrcp

(excludingvehicre(s)provided

through the courlesy car Prop

information inr:lrrdino rrrirh^,,+

timita;ion,
r..vr,
telejrhones,
personner
"r.it;;;J::"rular
#Jf*:ffiTl'r1Tj;r|tt#:H
or otherp.efsonar

[1"-T"jl:ljlT-:,

fallsticl

propertv,
matlriul,;, i;;;,-;'rnishedrocoach

r]/by

coaih
o,,r,.i,uii:
;i,h"rWili,;; ;ffi'ui#;i;::
:il*tyT:?':,{":,,*::]:f1
direction
or for theLrnive^ity',
ur" or {tt"r*i;l;;;.,{"",?i|r,t#i:;

#ffi'J]r:
p{openy
or
in.
uniuf,sity
vr'YfrorLJ'
withi;
YYrlrrlr twenty_rou
twtrlrty-ruur
r (24)
ln.^::{.
\/'L+)
\ 1tE ---J

'##;fi
:ffi :frii'f,'T'flXTff
'3iliTiifff*:T*
:"::lil,lii;ffi;elvcause3',,'ei'oifl
in
coach'spossession
or controito bedelivlredto^the.Dii.rctor.
*:::in:::i1,:31;..fll

hours of the expiration of the terrn of th.'

6.3

A6re$nqlrt,

\either. party nfay assignits rights r delegateits obligationsunder

6.4
Uarvgr No waiver of any d{fault in the perforn nce of this Agreement
shall be
e runless
rnlooo
i^
^ ^- I
-: 1 1
effective
in writing
",-i+i'^
and signed
Uyitre waiving ;^;;
waiver of a parlicular breachin
o:tf":"ance of thisigreerierirrr"ri^,,]"i
#; er of any other or subsequent
lh:
breach. The resortto a particularrernedyup0n a"""r?ri.-.';
breactLshail
constitutea wairzerof any other
availabieremedies,

Bas'edon Mode' Contract Vers'ion;06/14/20I 2

flase Il

6.5
Severabilitlr. If any prov
unenforceable,
the remainderof the Asre

on of this
ent is deternined to be invalid or
nt shal.lnotbe a ctedand shailremainin
effect.

6.6
GoverningLaw, This A5
with the laws of the stateof Idaho as an
in whole or in part on this Agreementsh

rnentshallbe sutrect to and construedin accordance

ent to be pe
be brought in the

rned in ldaho. Any actionbased

rts of the stateof Idaho.

6.7
Oral Promises. Oral
mises of an inc
in arrnual salary or of ary
supplementalor other compensationshatl
ot be binding
theUniversity.
6.8 ForceMajeure.Any preve ion, delayor
_.
st
disputes,actsof God, inability to-oituin labor or
rnaterials

due to strikes,lockouts.labor
r reasonabiesubstitutestherefor,
govefirmentalrestrictions, governmentaj
ulations, gov
entai controis, enemy or hostile
governmentalaction, civil commotion,
re or other c
y, and other causesbeyond the
reasonablecontrol of the party obligated perform
(includi financial inabiJity),shall excuse
the performanceby such party for a peri
equalto anysuch
ention, delay or stoppage.
6.9
Confidentiality. The Coac hereby consents
Ldagreesthat this documentmav
be releasedand made availableto the oul ic
afterit is signedby the Coach. The Coachfurther
agreesthat all documentsand reports he s required
to
: under this Agreernentmay be
releasedand madeavailableto the public
the University'sso discretion,

6.10 Notices.Any noticeunder is Agreement

shaljlbe in writing andbe deliveredin
personor by public or privatecourier
ice (includingU.S PostalServiceExpressMail)
or
certifiedmail with returnreceiptrequested
or by facsimile.AI noticesshallbe addressed
to the
partiesat the followingaddresses
or at sucl otheraddresses
as pafties rnay fi:om time to time
directin writing:
theUniversity:Directorof Athletics
JeffreyK. Ti

921 S. gthA
Stop8173
Pocatello,ID 209-8173

with a copyto: president

ArthurVailas
9 2 1S . g t h A Stop
Pocatello,ID 3209the Coach:

V/illiamL. Ev
Last known ad

University's
H

on file with
an Resource

Any notice shall be deemedto have been

si en on the earlier o (a) actualdeliveryor refusal
to
accept delivery, (b) the date of mailins b;v
rtified mail, or ( ) the day facsimiledelivery
is
verified, Actual notice,however and fioni
w
ver received, li always be effective,
Based on Modet Contract Version; 06/1
4/20I 2
age 12

6.11 Headings. The headinss ntained in

this A
ment are for referencepurposes
only and shall not in any way affect thE r eaning
or inte
ion hereof.

6.12 BindineEffect. This A

shallinureto the benefitof andbind the
successol's
andassigns.

ent is for the

ies and their re

fit only of the partiesheretoand

tive heirs, legal representatives.

6,13 Non-Use
University'sprior written .onrrntln .*

Coach shall not, without the

case,use any
, trade name, trademmk,or other
designationof the University (including
traction, abbrevi 10n or simulation), except
in the
courseand scopeof his official Universit duties.

6.t4 N
beneficiaries
to thisAgreement.

6.1s
of the partiesand supers.O.,uti prio, ug
subjectmatter. No amendment
or modi

witing, signedby both pafties,and appro

6,16 Opportunit]'toConsultwi
the opportunityto consultand,.ui.* thi,

the languageof this Agreementshall be

strictly for or against any party.

IDAHO STATELTNIVERSITY

ArthurC. Vailas,President

There are no

tended or unintendecl

. This

t constitutesthe entireagreement
Lndingswith respectto the same
ent shall be effective unlessin

ts and
ion of this

by University,s

pafty

of Trustees.

. TheC
acknowledgesthat he hashad
ent with an ;torney.Accordingly,in all cases,
simply,acc rdingto its fair meaning,andnot

COACH

4-*+"..--

Date

Approvedby the Board of Trusteeson the

day of

Basedon M,
age 13

2012.

Contract Version: 06/14/2012

"/tfte