agreement of bcci with cricket south africa

8/8/2019 Agreement of BCCI with Cricket South Africa

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These Heads of /tgreement are entered into between CRICKET $OUTH AFRICA ("CSA") and THE

BOARD OF COf{TROL FOR CRTCKET tN tNDtA for and on behalf of its separate Sub-committee unit

known as The Indian Premier League ("BCCl'lP["].

WHEREAS BCCI-IPL wishes to stage the 2009 lndian Prernier League tournament ("lPL" and each

match forming part of IPL being A "Match"l in The Republic of South Afrrca and wishes CSA to assist

it in this regard by providingthe necessary Stadia and certain other related matters and CSA is

prepared to provide such assistance on the following terms and conditions

lT lS AGREED as follows:

Provision of Stadia etc

{a} CSA shall throughout the Terrn procure and/or provide the stadia referred to in Schedule

1 ( the "Stadia" and each one being a "Stadium" and which shall rnean the whole of theinterior and exterior of each such stadium! for the exciuslve use bV BCCI'IPt throughout

the Term (as cJefined below and meaning on both all Match days and all non-Match

days) in staging each Match forrning part of tlre IPL and otherwise in connection with the

operation and staging of IPL in general (the current last and schedule of which forms part

of schedule 1 but which may be amended by BCCI'IPL frsrn time to time) As part of thisobligation CSA shall ensure that no other events or matches of any kincl will be staged at

any of the Stadia during thc Terrn,

{b} CSA shall ensure that at atl tarne! throughout the Term BCC{-IPL and all third partres

|frilt sn rtt fG{qdf in rulrt*xr ta pt $rff {fl.tricct miv rr ptendtd |bfiil in rclrtbr bilcc fs?.t$ftn1 trrtrl t* rilurud ffi rrd errlwivt rcrttr tO ffd rrrc d il drr*r Strdic tor ur* pirrpfic of strytq #. d rr pert of thrs d*ttton eSA slull. s$prtonly ls provided trelow in paragraph {c},ensure that BCCI lPl, ir abie throughout theTerm and without any rettriction of any kind whatsoevei. to offer fcr sale tickets for the

whole of the spectator viewing area at each Stadiurn and for each Match (including each

and evr.-ry seat, spcctator stand, hospit.rlity box or other such facilrty at each such

5tddium).(c) tt is acknowledgec.l that certain third partres are entitled tc be offered the right to

occupy certain hospitality boxes for events within the Stad;a In this regard, BCCI-IPL

sha!|. after having sold/used such amount of such hosprtality bores for its own ttllrposes(rr'rhich CSA shall ensure does not cause ECCI-IPL to suffer any claims, costs, damages or

lossesl offer such third parties the first right (on the sanre terms as are being offered to

other potential purchasers) to purchase the right to occupy such boxes for all (and not

some onlv) of the Matches to be staged at each relevant Stadium but if such thirdparties do not want to purch.rse this r'ight for att strch Matches tlren such flrst right shall

lapse .rnd such third parties shail enjoy no preferbntial rights in respect of such boxes. In

addition, the parties shall discuss and ag''ee the extent to which any CSA VIP invitees witl

be entitled to occupy part of the Presidential Suite at each Stadium for any Matches.

(dl CSA glrall cnsirre that throughout the Term the L.ntirety of the exterior and interior ofeach Stadium slr.'lll be provided or procured by CSA frr-'e and clear of all third party or

other brandrng of arry kind whatsoever (artd CSA shall not seek to impose any

restriciions on branding at Stadia in relation to lP[] together wrth the exclusive andunresti.i(:ted use of all strch facilities and the prcvision of st.rch personnel as would

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usuatly be included and provided in connection with the staging of international cricket

events at each Stadium including without limitation:

r a wicket and outfield of international standard (including the maintenance andpreParation thereof|

r alt necessary cricket-related facilities which shall be required in connection witheach Match such as by way of exarnple sight screens {tri-vision}, scoreboards, big

screens, equipment [or c!isplaying thrrd unrpire decisiotts, team dug-outs,

floodlighting, pitch covers, rollers, eic

r all necessary media-related facilities ruch as a fully-equipped press centre,commentary booths etc which in each case have all necessary facilities, utilities

and services

o all necessary practice facilities including sufficient practice cricket nets (whichshall have wickets of sufficient quality and associated net bowlers of sufficient

ability), etc. a press box manager and media centre managerc all available Stadium rtailing opportunitiesI all catering and ather concersions and outletsr use of all available lersure facilities including any Eyms or pools etcr all necessary space and facilities to enable the TV production and broadcast of

all Matches (via anv medial to the standard requireci by BCCI-IPL (being at least

ar good fl$ an OBll includrng r protiurlifli cellrOl room. S0n*rattrr, Cffncfil

*sts*! nd pfrfts* ctrt lif nrugrEf t"llid;f $f,t #iHils *f.t *ctcrffist c{id frt*r td*r'tttr rtrth rit

il115rry rs6.!rrr ld office ryilcefor

tht Opcrttonof lPt

{anti"dopitqrofiirs,

office space fsr BCCI'IPL etcir the provision of adequate and suitable drirtks and any necelsary caterinB for

players and match ofticials

r all necessary {suitably qualified and experienced} personnel in relation to thestaging of each Match at each Stadium including stewards, security staff, anti-

doping chaperones, scorers, team and match official ltaison officers, ball boys,pA operators, groundsmen (to ensurc the quality of the wicket, outficld and

practice wickets tnetsl]. gate entry staff, any necessary emergency service ttaff

etcr all necessary medicat and other emergencv services for use by players,

spectators and any other thirdparty at each Stadiurn together with at least

three ambulances at each Match

r dedicated and suitably qualified and experienced support staff to aE5ist BCCI-lPt(who shall work with and uflder the supervision of the venue managers,

rournament director, security firms and other third parties appointed bV BCCI-

lpL), irrcluding a stadiurn executive, an accreditation executive, Security manager

and a medical manaBer.

(e) CSn shall ensure that the Stadia have all necessary licences and permats in connection

witlr the staging of each Match and comply fully with the requirements of all applicable

laws and regulations inclurJing in respect of all health and safetY rc'quirements. ln

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addition, CSA shall throughout the Term take out or maintain all such insurance(sl as

would be required by law and/or otherwlse normally taken out in connection with the

staging of a cricket match at each Stadiurn for each Match and the operation of and use

of the Stadia in connection with the staging of Matches and the lPL in general (whether

on Match davs or otherwise during the Term| and shall name BCCI-IPL and each IPL

franchisee as a named party on such policies of insurance'

CSA shall be responsible for ensuring the safety and security of each person within the

Stadium on the day of each Match and shall ensure that the third parties contracted by

it to carry out the same shallwork and co-operate with any security personnel

appointed by BCl"lPL.

CSA shall ensure that all of the personnel to be made available by it in connection with

these Heads of Agreement {including tho:e persons referred to in paragraph (c} above}

have adequate experience of the Stadiunr at which they will provide their respective

services and shall work with and comply with the reasonable directions of BCCI-lPL andthird parties appointed by BCCI-IPL in relation to lPL.

(hl CSA shall ensure that each Stadia and the other services and facilities to be providecl byit under the$e Heads of Agreement are of internationalquality and such standard as

would be expected of an ODl.

Other Assistence/Oblisations

{a} (5A shall upon request provide BCCI-tPL with all such other assistance as it shalf require

{rt rf,rF?ct trf IPL rtrhdua fwUirq dlrt*i$r sf d?itd pfitv tetttrrf;tut r rtp f ruiltttcnrt= ta [5A m uriilfirdt l.ftil triist {fl.dr rs tdtin$ .tcrtrt, cpt}r'tr5r}nsp?rfirfr, firtfifrt rilrtFrffi !*e I e|1d dtG oi*rrtn$ d rny ficrttsary llrrilltrtrlicence s

{b} CSA shall meet with BCCI-lPL as and wlren necessary to assist BCCI'lpL to stage the lFL, it

being acknowledged that BCCI-IPL owns IPL and shall retarn ultimate control in relation

to all aspects of tPL. CsA shall ensure that any third party (such as Stadium

owners/operators) takes all such action in a timely fashion as shall enable BCCI-lPL to

2stage the Matches as contemplated by these Heads of Agreernent

Rights

{a} CSA acknowledges and agrees that all rights of any kind in relation to IPL belong to BCCI-

lpL including without limitation all commercial rights such as sponsorship rights, media

rights, hospitality, nrerchandising and licensing rights (in some cases being the suhject oflicence arrangementsl and that CSA shall not acquire any rights of any kind in relation to

tpL nor shatl CSA be entitled to grant or seek to grant to any third party any rights in

respect of IPL or otherwise to exploit eny rights of any kind in relation to lFL.(b) All revenue of any kind and from any source whatsoever rn retation to the staging of IPL

and each Match shall accrue to and for the benefit of BCCI-|PI and rts licensees and CSA

shall have no rights of any kind in respect thereof.

4.Fee/lPL Budget

tf)

(e)

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{.r }

(b)

As corrsideration for the provision by CSA of its services and assistance in connection

with lpl BCCt-tpt shalt pay to CSA a fixed fee of US 53,000,000 tthe "Fee"l which shall be

payable wlhin 15 days of the last Match in 2009. In addition to the Fee BCCI'IPL shall (inaccordance with paragraph (c) below| pay those costs and expenses in relation to IPL

which are set out in the budget attached as Schedule 2 to these Heads of Agreement

{the "lPL Budget" and "Eudgeted" shall be construed accordrngly}.

lf Bccl-lpL 1s obliged to deduct any withholding tax from the Fee or any other sum

payable by it under these Heads of Agreement then it shall be entitled to make such

deduction and shall as soon as practicable provide CSA with a certificate of deduction in

respect of such withholding tax from the relevant authority. All costs to be incurred by

CSA in performing itr obligations under these Heads of Agreement shall be rncluded in

rhe Fee and the lpL Budget such that no other payments shall be due frorn BCCI-IP[ to

CSA in connection with lPL.

BCCI-tpL shall pay csA usD 2,500,000 within 7 davs of signature of these heads ofagreement to enable the Budgeted costs to be paid by CSA {such sum being the parties'

estimate of the anticipated Budgeted costs to be borne by CSA in providin8 the services

unrJer these F{eads of Agreement}. Alt such expenditure to be incurred bv CSA in relation

to the Buclgeted costs .rnd the payment of all costs. expenses and invoices for which

BCCI-tpL is to be responsible under these Heads of Agreement must be carried out

, strictly in accordance with these l-leads of A6reement and the Budget and any increaseor decrease in the Budgeted costs shall require the agreement of both parties.

{d; r5A rhrll praduce *d nrelntain fufi rd rc*ltc .cfnanting recgrdr in relrtisn to rlteLrlrr 1;d gth*r {F$dtl|rr pNd *ti ftr fi* A'hl:tef ct'$tr. CiA shrli pcrmft EtiJ'ft'rr$ rtr fuft5,rirrral rft**nr fi rny t|w {tttr gtrrttg rnd rftcr tnc ktm) t"Oon 5 dilf{notice, to audit CSA's lscprds in relation to all expenditure paid out of the Sudget.

{ei CSA shalt open and operate a dcdicated bank account in the nalne of IPL South Afr ica.Monies will be deposited to cSA Bank Account from time to tinre and CSA wlll tratrsfer

these funds into lpL south Africa towards antacipated certain oiher lPL'related expenses.

The ticket revenue earned through BCCI-IPL ticketing partners wil! also be deposited to

this account. Nc sunrs shall be released from said bank account without explicit written

authorisation by BCCI-tpL. CSA shall maintain books of accourlts/staternents separately

for the pavments made on this account after explicit instructions from BCCI-IPL. CSA

shall send weekly staternent of expenses to BCCI-IPL No sum$ shall be made by CSA

from this account otherwise than strictly in accordance with this p.rragraph. BCCI'lPL will

not reimburse any expenditure made by CSA from this account without explicit

authorisation from BCCI-lPL.{f) CSA Ehall produce and maintain full and accurate accounting records in relation to all

sums and other expenditure paid out of the above-mentioned b:nk account CSA shall

permit BCCI-IPL and its professional advisors at any time (both during and after the

Ter.m) upon 5 days'notice, to audit CSA's records in relation to all expenditure paid out

on instructions from BCCI-IPL'

(cl

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{a) These Heads of Agreement shall take effect upon

throughout the IPL {currently anticipated to be from

conrprising all IPL league, play-off and final matches)

6. General

{a) These Heads of Agreement shall constitute a legally binding agreement between theparties.

(b) Neither party may assign or transfer these Hcads of Agreement to any third party butCSA acknowledges that BCCI-lPL shall use third party representatives and contractors in

connection with the staging of IPL and CSA agrees to work with the same.

{c"}Each party shall keep the existence of these Heads of Agreement and their contents

stri ctly confidential.(d) CSA shall indemnify ECCl-lPL from and against any damages or costs incurred bV BCCI'IPt

(or its representatives) which result from anv breach by CSA of these Heads ofAgreement.

(e) These Hearjs of Agreernent shall be governed by and construed in accordance withIndian law and .rny dispute which arites in connectiotr with them shitll be decided by

. ;lrbitration in Mumbar, lndia.

The duly authorised represent"liives of the parties h.rv slgfied these He.tds of Agreement on thc

Fate:

their signature and shall remain in force

18t" April until 24'r'May 2009 and

{the "Term"}.

:tvf:zJ :3

For and on behalf of The Board of Control

for Cricket in India


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SCHEDULE 1

The Stadia and Match Schedule


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SCHEDUTE 2

THE IPt BUDGET

agreement of bcci with cricket south africa

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