dj durkin's full university of maryland contract

8/19/2019 DJ Durkin's full University of Maryland contract

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U N I V E R S I T Y O F M A R Y L A N D

H E A D F O O T B A L L C O A C H

E M P L O Y M E N T A G R E E M E N T

This Employment Agreement (Agreement) is entered into as of Deeember 3, 2015, by the

University of Maryland (University) and Daniel Jonathan Durkin (Coach).

In consideration o f the mutual promises contained i n this Agreement, the University andthe Coach agree as follows:

E M P L O Y M E N T The University employs the Coach, and the Coach acceptsemployment, to serve as a contract employee under the terms o f this Agreement,no t as a part of any of the University's tenure or other employment systems. TheCoach shall report to the University's Director of Intercollegiate Athletics (AthleticDirector), and shall confer wi th the Athletic Director on all matters requiringadministrative decisions. The Coach shall devote his best efforts full time to the

performance of his duties reasonably assigned by the Athletic Director and thePresident o f the University (President) wi th the desired goal of maintaining thehigh moral and ethical standards commonly expected o f the Coach as a leadingrepresentative of the Department of Intercollegiate Athletics (Department) at theUniversity.

2 T E R M The term of this Agreement shall begin on December 3, 2015, and end onDecember 3 1 2020, unless sooner terminated in accordance wi th other provisionsherein (the Term ). For the purposes of this Agreement, a contract year shall beeach period from January 1 through December 31 during the Term, except that thefirst contract year shall be the period from December 3, 2015 through December

3 1 2016. I f Coach remains the Head Coach of the Football Team on the day afterthe 2016 regular season ends (including the conference championship game, i fapplicable), the Term of this Agreement shall be automatically extended throughDecember 3 1 2021.

3 D U T I E S The Coach shall be responsible for performance o f the duties of HeadCoach of the University's Men's Intercollegiate Football Team (Team), and shall beresponsible for the oversight and management of the University's Men'sIntercollegiate Football Program (Program), including without l imitat ion:

a Supporting the University's academic mission by adhering to the University'sthen-current practices for admission o f prospective student-athletes, byencouraging academic accountability of student-athletes (e.g., classattendance, progress towards degree, study hall attendance, and tutoringsessions attendance), and by working to integrate sports into the University'sacademic l ife;

b Evaluating, recruiting, training and coaching the Team's student-athletes tocompete successfully in the Big Ten and the N C A A ;


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Recruiting, recommending the employment of, supervising, and evaluating theperformance of the Team s coaching staff;Complying w i t h and assuring that the Team s student-athletes, the Team sassistant coaches and all other University employees associated wi th theProgram eomply wi th the governing eonstitutions, bylaws, policies,

procedures, interpretations, rules and regulations, as amended from time totime, of the University, the N C A A and the B ig Ten or any of their respectivesuccessors in interest (Governing Rules); reporting promptly to responsibleUniversity officials any violation o f any Governing Rule of which he becomesaware or which he has reasonable cause to believe may have occurred;

e Proposing a Program budget to the Athletic Director and managing theProgram wi th in the budget approved by the Athletic Director;

f Maintaining and enforcing disciplinary rules and sanctions fairly anduniformly for a ll student-athletes on the Team so as to promote academic andmoral integrity while encouraging competitive excellence;

g Appearing exclusively on television and radio shows produced by the

University and assisting w i th University websites and other electronic mediarelating to the Program;h Attending and participating in a reasonable number of alumni, public and

media appearances promoting the Program, Department and/or University;i Working w i th Terrapin Scholarship Fund staff and University Advancement

generally in planning, coordinating and promoting fund-raising events tobenefit the Program, the Department, and the University, and participating infund-raising to benefit the Program, the Department and the University,including identifying potential donors;Attending all Big Ten and N C A A meetings, conferences and clinics at whichcoaches of commensurate rank are customarily expected;

kWorking closely and cooperatively with Department and other Universitystaff on all matters affecting the Program and on all other matters connectedwith the discharge of his duties as an employee of the University;

1. Operating and participating in summer football camps as set forth in section11 below;

m Keeping positive and constructive in tone any public comments aboutUniversity policies or actions taken by University administrators andconducting himself professionally and ethically, wi th integrity andsportsmanship, at all times, and avoiding inappropriately profane,discourteous, or insulting behavior towards student-athletes, other teams andcoaches, spectators, and members o f the media; and

n Avoiding any business or professional activities or pursuits that w i l l conflictwith the Coach s performance of his duties or w i l l otherwise conflict wi th theUniversity s interests.

The Coach shall perform these duties and such other duties as are assigned by theAthletic Director or required by policies and procedures of the University or theDepartment.


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4 A G E N T S A N D A M A T E U R I S M C O M P L I A N C E Except as may be authorizedin advance by the University's Professional Sports Counseling Panel and thereafterreported to i t , the Coach w i l l avoid inappropriate contact w i t h any person known tobe acting or have a history of acting as a sports agent, a runner, or any otherindividual employed by or performing services for them. The Coach w i l l observe

an d enforce the N C A A and University regulations governing amateurism and therelationship between sports agents and student-athletes at the University.Notwithstanding the foregoing, the Coach may speak w i th sports agents for thepurpose of gathering information regarding the NF L draft prospects/opportunitiesfo r any o f the Team's players who are eligible to enter the next scheduled N F Lentry draft, and such information is to be used for the benefit of any of said playersin their decision making process in determining whether to enter said N F L entrydraft.

5 R E P O R T I N G A B U S E AND S E X U A L M I S C O N D U C T Coach w i l l abide byMaryland law (Maryland Code Annotated, Family L aw A r t i c l e , Section 5-701

through 5-708) and U S M Board of Regents Policy VI-1.50 - Policy on theReporting of Suspected C h i l d Abuse & Neglect. An y required report must bemade to the local department of social services or law enforcement agency and tothe President, or his designee, the Chief of Campus Police w i t h i n the Departmento f Public Safety. Coach also hereby agrees to comply w i t h V1-1.60(A) Universityo f Maryland Sexual Misconduct Policy and understands that he/she is designated a

Responsible University Employee under the policy, and, as such, is required topromptly report sexual misconduct that comes to his/her attention to theUniversity's Office of C i v i l Rights and Sexual Misconduct.

6 A C A D E M I C P E R F O R M A N C E Successful academic achievement is an

expectation of every University of Maryland student, and the Department servesthe educational mission of the University. Coach shall act at all times to ensure theacademic progress and achievement of the student-athletes under Coach'ssupervision. The Coach agrees to adhere to the University's standards and goals foracademic performance of i ts student-athletes in the recruitment, supervision andcoaching of players. The Coach agrees to f o l l o w conscientiously any directivesf rom the Director (or designee) or f rom the President concerning these matters. Assuch, the Coach w i l l receive an overall, year-end Performance Review andDevelopment (PRD) evaluation of Below Expectations or Unsatisfactory , andw i l l not receive incentive-based compensation under section 7.d. ( CompetitiveGoals ) in any year the N C A A Academic Performance Rate APR) cut score(currently 930), as may be modified by the N C A A , is not achieved.

7 C O M P E N S A T I O N

a General The Coach's compensation under this Agreement is subject torequired deductions and withholding, as determined by the University, forstate, local and federal taxes and for any retirement or other benefits to whichthe Coach is entitled or in which he participates. For purposes of section 7 (b)


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and 7 (c) hereunder, the Coach shall be entitled to a pro-rata share of theini t ia l contract year's total compensation amount for the twenty-nine (29) dayperiod prior to January 1, 2016, during which the Coach was employed asHead Coach.

Base Salary The base salary paid by the University to the Coach for servicesand satisfactory performance of the terms and conditions of this Agreementshall be equal to an armualized sum of Five Hundred Thousand Dollars( 500,000) per year, payable in equal installments at the end of eachUniversity pay period. Annual base salary may be subject to the samefurlough and temporary salary reductions measures that may be imposed fromtime-to-time by the University on its exempt employees. Subject to anyapplicable provision o f la w or University System of Maryland Board ofRegents' policy, an annual increase in Annual Base Salary may be effective ineach fiscal year f o l l ow ing the first contract year of this Agreement. Thisincrease w i l l be comprised of a cost-of-living increase when authorized by theState of Maryland for exempt employees of the University and in an amountno less than the authorized amount; and, a merit pay increase in an amount tobe determined by the Athletic Director.

c Supplemental Annual Income In addition to the Coach's annual basesalary, and in consideration (a) for his exclusive television and radioappearances on shows produced by the University and for assisting w i t hUniversity web site or other media participation in connection w i th or arisingou t of h is position as Head Coach for the Team, (b) his participation incontracts for apparel and/or footwear for Team student-athlete and staff useand for sideline products which are to be negotiated exclusively by theUniversity, and (c) for making promotional and fundraising appearances onbehalf of the University, the University shall pay to Coach as supplementalincome the annualized amount of One i l l ion Nine Hundred ThousandDollars ( 1,900,000), per year, payable in equal installments on March U',June C, September V\d December U of each contract year. Supplementalannual income shall be increased by 50,000 annually effective January 1,2017 and on each subsequent January U through January 1, 2020, resulting insupplemental annual income of 2,100,000 for the contract year ending onDecember 3 1 , 2020. I f the Term o f the Agreement is extended throughDecember 3 1 , 2 0 2 1 , supplemental annual income w i l l be increased by

50,000 to 2,150,000 effective January 1, 2 0 2 1 . Supplemental annual incomeis not included in annual base salary for the calculation of any retirement orother benefits or annual percentage increases in annual base salary set forsection 7.b. above. The University shall receive all revenues generated by theactivities described in this Section 7.c.

d Potential Compensation The Coach is assigned-performance goals as setforth below; i met, and i f minimum APR is achieved as required in Section 6above. Coach shall receive additional compensation as set forth below. Each


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performance goal w i l l be separately compensated, but taken together w i l lamount to a maximum o f S ix Hundred Twenty Five Thousand Dollars( 625,000). These payments are not included in annual base salary for thecalculation o f retirement or other benefits or annual percentage increases inannual base salary set forth in section 7.b. above.

Competitive Goals Beginning w i t h the 2016 contract year, and foreach subsequent contract year during the term of this Agreement, theCoach w i l l be eligible to receive additional compensation in theamounts set forth below for achieving the f o l l ow ing competitionperformance goals, on the condition, however, that the Coach is bothemployed by the University and, w i th regard to subparagraphs 1., 2.,and 3., below, coaches in the specified competition. Competitivecompensation is not cumulative in nature; the maximum annualcompensation available under this Section 7.d.l. is Six HundredTwenty Five Thousand Dollars ( 625,000).

1 Big Ten Championship Game (non-cumulative)-Maximumattainable 100,000

Participate 50,000W in 100,000

2 B o w l Participation (non-cumulative)-Maximum attainable200,000

Non-CFP B o w l Participant 25,000CFP B o w l (non semi-final) Participant 75,000

CFP Semi-Final Participant 150,000CFP Championship Game Participant 200,000

3. B o w l Outcomes (non-cumulative)-Maximum attainable250,000

W in Non-CFP B o w l 25,000W in CFP (non semi-final)Bowl 100,000W in CFP National Championship 250,000

4 Individual Awards (cumulative)-Maximum attainable 75,000

B ig Ten Coach of the Year 25,000National Coach of the Year 50,000

Competition goals compensation shall be paid to the Coachw i t h i n sixty (60) days of when such goals have been attained.


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e Benefits and Other Employment Rights Except as herein provided, theCoach shall be entitled to the same standard benefits on the same terms asprovided by the University to all professional employees, wi th contributionsand benefit amount based on the annual base salary where relevant andpermitted by Maryland and federal law, w i th the exception of annual leave

which is not a benefit provided under this Agreement. The Coach is noteligible to use University or other State employee grievance procedures. TheCoach may, however, bring work disputes to the attention of the Director ofAthletics (or designee). The Coach is covered by applicable federal and Stateo f Maryland equal employment opportunity statutes.

f Withholding and Deductions: A l l compensation paid to Coach under thisAgreement shall be subject to the same payroll deductions (state and federaltaxes, PICA withholding, etc.) as apply to the University s employees and asmay be required by law It is the responsibility o f the Coach to report thevalue o f tickets and other items of value received by him under this

Agreement, and to otherwise determine his obligations under Federal andState tax provisions.

g Outside Income: I f the Coach desires to engage in any endorsement,consulting, broadcasting or other activities for which he w i l l receiveathletically related income or benefits f rom sources outside the University, heshall comply wi th section 8 below, including consideration of any potentialconflicts of interest.

Outside Income The Coach agrees to conscientiously observe all University,N C A A and B ig Ten rules pertaining to outside income.

The Coach w i l l no t i fy the Athletic Director before entering into anyagreement, arrangement, or contract wherein Coach receives any athleticallyrelated income or benefits f rom sources outside the University. These sourcesinclude, but are not l imi ted to:

i Annuities;i i Sports Camps;

i i i Housing benefits (including preferential housing arrangements);iv Country-club memberships;

Complimentary ticket sales;v i Television and radio programs;

v i i Endorsement or consultation contracts;v i i i Internet activities, including websites; andix Other promotions.

b I f the Athletic Director does not prohibit, in w r i t in g and on a reasonable basis,such activity, income or benefits wi th in seven days of notice by the Coach, theCoach shall be entitled to engage in such activity and receive such income orbenefits.


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c By June 30th of each year, the Coach w i l l submit a written detailed account tothe Athletic Director describing any athletically related income and benefitsreceived from sources outside the University during the fiscal year. TheAthletic Director shall determine the form o f this report. The Athletie

Director may require reasonable additional or verifying information. Thereport shall be forwarded to the President as an information item.

d It is the Coach's responsibility to consult w i th his private counsel, theUniversity's Office of General Counsel, and/or the Maryland State EthicsCommission regarding potential conflicts of interest prohibited underMaryland law or University policy regarding outside income and /or the use ofhis personal image. The Coach shall participate in on-line training providedby the Maryland State Ethics Commission regarding the requirements ofMaryland state ethics laws.

9 R E L O C A T I O N AND M O V I N G A S S I S T A N C E To facilitate the relocation andmoving the Coach and his family from Michigan to Maryland, the Universityagrees to reimburse the Coach up to Thi r ty Thousand Dollars ( 30,000), inaccordance w i th University policy and state law.

10 A D D I T I O N A L F I N A N C I A L M A T T E R S

a T r a v e l The Coach shall conduct such travel as is necessary to carry out hisduties as Head Football Coach and shall be entitled to reimbursement fortravel expenses pursuant to the University's rules and normal rates. TheUniversity agrees that Coach's fami ly (i.e. Coach's spouse and children) shallbe authorized to travel to away contests as part of the University's and/or

department's official travel party at no additional cost to Coach.

b Automobile Allowance The University w i l l provide the Coach w i t h OneThousand Dollars ( 1000.00) a month during the term of this Agreement tolease an automobile(s) for his personal use. Payment w i l l be made in equalinstallments at the end of each regular University pay period. Anything to thecontrary notwithstanding in this section lO.b, the Coach may use anyautomobile allowance received from the University as he sees fit.

c Tickets and Suites In each calendar year of this Agreement, the Coach shallbe eligible to receive the complimentary tickets listed below. The Coach w i l l

not offer these tickets for use by a person working (or who has worked) as asports agent or a person employed by or performing services for a sports agentwithout the prior written approval of the Athletic Director. The Coach may,however, offer tickets to his personal representatives for their personal use.Subject to N C A A rules, the use of these tickets is left to the discretion of theCoach. The sale or exchange of these tickets may, however, under somecircumstances be prohibited by the Maryland State Public Ethics Law,including provisions concerning the solicitation of gifts and conflict of


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interest. It is the Coach's responsibility to consult wi th his private counsel, theUniversity's Office of General Counsel or the Maryland State EthicsCommission before selling his tickets or exchanging them for any tangiblebenefit.

One (1) football suite in Maryland Stadium;

Twenty-four (24) regular season tickets for each home football game;Twenty-four (24) tickets for each away football game;

iv Four (4) season tickets for each men's home basketball game;Four (4) season tickets for each women's home basketball game;

v i Twenty-four (24) tickets to each post-season football competition; andv i i Two (2) V IP Parking passes for Maryland Stadium and one (1) VIP

parking for other sports where applicable.

d Cellular Phone The University w i l l provide the Coach wi th a cell phone andservice adequate to perform his duties.

11 F O O T B A L L C A M P S

a The right to sponsor and operate a football summer camp (the Camp ) onUniversity premises belongs to the University, acting through the Department.The right to sponsor and operate a Camp is automatically conveyed by theUniversity to the Coach on a yearly basis on January 1 st of each contract yearunless the Athletic Director earlier notifies the Coach in wr i t ing that it doesno t so convey. Upon conveyance pursuant to this clause, the Coach or hiscorporate assignee has the right to sponsor and operate a Camp under hisname on the University premises, pursuant to applicable University rules andon a space-available basis. A ny direct costs for operating the Camp w i l l be

borne solely by the Coach and any profits w i l l accrue to h im The Coach isdirectly responsible to any other University department for services providedby them. Failure to adhere to these terms w i l l be considered a material breacho f this Agreement.

b Operation of a Camp substantially benefits the University and its footballprogram by creating ties to the local community, and enhancing the program'sprestige and v i s ib i l i ty The Coach shall operate the Camp wi th these goals inmind and shall at a ll times observe applicable University rules in connectionwi th its operation.

c The Coach shall not endorse or approve any other sports camps sponsored andoperated by employees under his supervision without the specific written

approval of the Athletic Director.

12 T E R M I N A T I O N Notwithstanding section 2, this Agreement shall terminateupon the occurrence of any of the f o l l o w i n g contingencies in subsections a., b., orc:

a Death or Permanent Disability Termination shall occur in the event o f theCoach's death, or a permanent disability. A disability shall be consideredpermanent for the purposes of this section if the Coach is unable to perform


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his normal and customary duties for a continuous period in excess of 180days.Resignation or Acceptance of Other Employment Termination shall occurin the event Coach resigns or retires from University employment in violationof section 14 below o f this Agreement.

Cause The Athletic Director may terminate the Coach for Cause; providedhowever, the Coach w i l l first receive written notice and be accorded anopportunity to be heard in a meeting w i th the Athletic Director. The decisionof the Athletic Director shall be the final decision of the University.

Cause shall be defined as: i ) material misconduct, which is wrongful,immoral (meaning inconsistent w i th the professional standards ofconduct of an intercollegiate head football coach) or unlawful conductwhich adversely affects the Coach's abi l i ty to meet the performancestandards and performance commitment set out in sections 1 and 3paragraphs o f this Agreement; i i ) repetitive unprofessional orunsportsmanlike behavior (provided Coach receives written notice of

the same, and a reasonable opportunity to cure the first instance); i i i )a material act of insubordination or repeated acts of insubordinationiv ) failure to substantially ful f i l l the material duties and obligations

established in this Agreement (and provided that Coach first receiveswritten notice of the same, and a reasonable opportunity to cure); orv ) a finding by the N C A A that you have committed a major violation

of any Governing Rule, whether while employed by the University orduring prior employment at another N C A A institution, or a finding bythe N C A A that the Program committed a major violation of anyGoverning Rule for which you are culpable.The Athletic Director may suspend w i t h or without pay) the Coach

pending an investigation or decision or relating to the existence o fCause for termination; provided however, the Coach w i l l first receivewritten notice and be accorded an opportunity to be heard in a meetingw i t h the Athletic Director. A suspension without pay under thissection 12.c.ii . shall not extend beyond thirty (30) work days. TheCoach may appeal any action taken by the Athletic Director under thissection 12.c.ii . to the President of the University. The President shallprocess the appeal in the same manner as grievances of exemptUniversity employees are processed (a Grievance ). The decision ofthe President shall be the final decision of the University. Coach shallbe entitled to receive payments that were withheld pursuant to a

suspension under this section in the event that: i) a Grievance (inconnection thereto) is decided in Coach's favor; and/or i i ) w i th respectto any suspensions in connection w i t h the violation of a GoverningRule, a final determination is made by the University, N C A A , or BigTen Conference that the Coach did not violate a Governing Rule.

I n the event of termination under either subsection a., b., or c. above, therights and obligations of the parties shall cease as of the date of termination.


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except for the payment of any annual base salary, supplemental annualincome, or potential compensation which accrued prior to the date oftermination. A n y potential compensation eamable under section 7.d. aboveshall accrue on the day that the corresponding

goals/thresholds/aecomplishments have been attained, and not on the date that

payments are due.d. Best Interests of the University In addition to the reasons for termination

set forth in Sections 12. a., b., and c, this Agreement may be terminated bythe University whenever the University determines that termination is in itsbest interests. Any such termination shall be effected by delivery to the Coachof a written Notice of Termination specifying the date upon which suchtermination becomes effective. The rights and obligations of the parties shallcease as of the effective date of such termination, and the University shall payCoach liquidated damages equal to 65 of the aggregate base salary andsupplemental income that would have been paid to Coach from the effectivedate of termination through December 3 1 2020, or, i f the Agreement was

extended pursuant to the last sentence of Section 2 above, through December3 1 2 0 2 1 . The University shall pay Coach one-half of the total liquidateddamages in a lump sum w i th in 60 days after the date of termination, and shallpay Coach the remaining one-half in equal installments on dates that coincidewi th regular University payroll dates from the date of termination to the endof the Term, had Coach remained employed through the end of the Term.Notwithstanding the foregoing sentence, the i n i t i a l lump sum payment shallbe adjusted as to amount and timing to comply wi th any withholdingrequirements mandated by law. Payments under this section shall be deemedliquidated damages and not as a penalty, as such damages to Coach upon suchtermination are diff icul t to presently and accurately estimate. In the event theUniversity elects to terminate the Agreement under this section I 2 . d . otherthan the payment of liquidated damages, the University w i l l have noobligation to provide Coach wi th any additional compensation or benefitsafter the effective date of termination or to reimburse Coach for any allegedloss of outside income opportunities.

A C T I O N S O T H E R T H A N T E R M I N AT IO Na . Disciplinary Action Notwithstanding anything i n section 12.c. above, in the

event the Athletic Director has a reasonable belief that the Coach engaged inmisconduct or failed to perform one or more of his duties, the Athletic

Director may also impose discipline other than termination; provided,however, the Coach wi l l first receive written notice and be accorded anopportunity to be heard in a meeting w i th the Athletic Director. The decisionof the Athletic Director shall be the f inal decision of the University.Disciplinary actions the Athletic Director may take include, but are not l imi tedto a written reprimand, a suspension wi th pay, a suspension up to 45 dayswithout base salary and/or supplemental annual income; forfeiture of future


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Potential Compensation or other benefits; loss of a planned salary incrementor merit raise; probation; or temporary or permanent reassignment of duties,

b Suspension The Athletic Director may suspend wi th or without base salaryand/or supplemental annual income) the Coach pending an investigation,decision or other matter relating to the existence of cause for disciplinary

action. A suspension without pay under this shall not extend beyond thir ty30) workdays. The Coach may appeal any action taken by the Athletic

Director under this 13.b. to the President. The President shall process theappeal, in the same manner, as are grievances of exempt Universityemployees. The decision of the President shall be the final decision of theUniversity. Coach shall be entitled to receive payments that were withheldpursuant to a suspension under this section 13.b. in the event that a grievancein connection thereto is decided in Coach's favor.

O T H E R E M P L O Y M E N T

a Unique Services The Coach hereby represents to have special, exceptional,

and unique knowledge, ski l l , and ability as a Head Coach that, when added tohis future University coaching experience, as we l l as the University's specialneed for continuity in its football program, w i l l render the Coach's servicesunique. The Coach recognizes that the loss of Coach's services to theUniversity, without University approval and release, prior to the expiration ofthe term o f this Agreement, or any extension thereof, would cause an inherentloss to the University that cannot be estimated wi th certainty, or fairly oradequately compensated by money.

b No Other Employment Coach nevertheless may terminate this Agreementprior to its normal expiration by providing written notice of termination to theUniversity. I f Coach terminates this Agreement in order to accept athletically-

related employment or consulting in either intercollegiate athletics orprofessional sports employment. Coach w i l l pay to the University TwoM i l l i o n Dollars ( 2,000,000) i f the termination occurs in years one throughtwo (December 3, 2015 through December 3 1 , 2017) of this Agreement; OneM i l l i o n Dollars ( 1,000,000) i f the termination occurs in years three or four(January 1, 2018 through December 3 1 , 2019) o f this Agreement; or FiveHundred Thousand Dollars ( 500,000) i f the termination occurs in year five orlater (January 1, 2020 through the end of the Term) o f this Agreement. TheCoach shall pay this amount wi th in one year of the date that the Coach endshis employment. It is understood this payment constitutes liquidated damagesand does not constitute a penalty, but rather, a reasonable formula forestimating the resultant costs to the University, including: expensesassociated wi th a search for a new head coach; expenses associated withpaying two staffs of assistant coaches; moving and relocation expenses of thenew head coach and assistant coaches; loss of revenue in ticket sales;disruption to the football program and its participating student-athletes; and,disruption o f fund raising activities and loss of business revenue, gifts, anddonations. The Coach therefore agrees, and hereby specifically promises, notto accept employment, under any circumstances, as a football coach at any


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institution of higher education which is a member of the N C A A or for anyfootball team participating in any professional league or conference prior tothe expiration date o f the term o f this Agreement, or any extension thereof,without first providing written notice to the Athletic Director prior toaccepting said employment. For the purposes of this paragraph. Coach shall

be deemed to have terminated his employment at the University in order toaccept employment or consulting wi th the men s football program or athleticprogram at another college or university or to accept employment orconsulting wi th any football team participating in any professional league orconference i the acceptance occurs wi th in one (1) year after termination ofhis employment at the University (provided said acceptance also takes placeduring what would have been the Term o f this Agreement, had it naturallyexpired). Failure to perform the requirements set out in this Paragraph shallconstitute a material breach o f this Agreement,

c Prior Permission Should any other coaching opportuni ty be presented toCoach or should Coach wish to pursue another collegiate or professionalfootball coaching position during the term of this Agreement, or extensionthereof, the Coach shall notify the Athletic Director of such opportunity orpursuit and seek to obtain permission from the Athletic Director before Coach,or any representative of Coach, holds discussions wi th anticipated employersor their agents, provided that the Athletic Director s permission shall not beunreasonably withheld. The Coach shall give the Athletic Director a goodfaith opportunity to make a counteroffer prior to accepting employment.Failure to perform the requirements set out i n this section 14.c. shall constitutea material breach of this Agreement.

15 C O A C H I N G S T A F F The Coach shall have the right to select and retain nine

assistant coaches, subject to the approval of the Athletic Director.

16 R E L A T I O N S H I P B E T W E E N T H E P A R T I E S The relationship between theCoach and the University shall be determined solely by the terms and conditions ofthis Agreement.

17 L I M I T A T I O N O F R E M E D I E S The parties agree that neither party shall beliable for any collateral or consequential damages o f any k ind including damagesfor lost collateral business opportunities or compensation arrangements set forthherein, or for costs and attorney fees in the event o f a breach hereunder unlessotherwise expressly agreed in this Agreement.

18 A S S I G N M E N T Neither party may assign, transfer, alienate, or encumber any o fits rights or obligations hereunder without the express written consent of the otherparty, except as otherwise specifically set forth in this Agreement.

19 G O V E R N I N G L A W This Agreement shall be governed by and construed underthe laws o f the State of Maryland without regard to principles of conflicts of law.The Coach consents to exclusive jurisdiction and venue of the Circuit Court of


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Maryland for Prince George's County, Maryland, and agrees to waive his right toassert that this forum lacks personal jurisdiction over h im or is an inconvenientforum for resolving any underlying dispute between the parties.

2 S E V E R A B I L I L T Y . I f any non-material provision o f this Agreement shall be

determined to be v o i d , invalid, unenforceable, or illegal for any reason, i t shall beineffective only to the extent of such prohibition, and the val idi ty andenforceability of a ll the remaining provisions shall not be affected thereby.

21 M O D I F I C A T I O N S . This Agreement constitutes the entire understandingbetween the University and the Coach and supersedes all other agreements andunderstandings, oral or otherwise, including the M O U entered into by the partieson December 3, 2015, and may not be altered except by a written amendment dulyexecuted by both parties.

22 D I S C L O S U R E . This Agreement is subject to public disclosure under Maryland

law.

2 3. H E A D I N G S . The headings, captions, and paragraph numbers appearing in thisAgreement are inserted only as a matter of convenience and do not define, l i m i t ,explain, or modify the scope or intent of such sections nor in any way affect thisAgreement.

24 N E P O T I S M . The Coach agrees that w i th respect to the Program coaching staff, asupervisor-subordinate employment relationship shall not directly or indirectlyexist between f ami ly members, nor shall one f am i ly member assume for anotherf ami ly member the role of advocate or evaluator w i t h respect to conditions of

employment or promotion. I f a supervisor-subordinate relationship between fami lymembers develops during employment, the Coach must notify the Department ofIntercollegiate Athletics human resources director promptly and the Department ofIntercollegiate Athletics w i l l take action to ensure that the supervisor-subordinaterelationship does not exist; such action may include transfer, reassignment orremoval of one or more f am i ly members. I f members o f the same f am i ly arerecommended to work for the same supervisor, the arrangement shall be approvedin advance by the Athletics Director (or designee) and President (or designee). Noappointment of a f ami ly member may be made without such prior approval. Forpurposes of this Paragraph, fami ly member means spouse, children, parents ofemployee or spouse, brothers or sisters of employee or spouse, nephews and nieceso f employee or spouse, brothers-in-law and sisters-in-law of employee or spouse,and sons-in-law and daughters-in-law of employee or spouse.

25 C O A C H S R E P R E S E N T A T I O N S . In executing this Agreement, the Coachrepresents to the University that he has not been reprimanded by the N C A A or anyprevious employer on account of an N C A A Level 1 or Level 2 violation or a serieso f Level 3 or Level 4 violations; that he is not being investigated as a partyinvolved in pending N C A A violations review; and that he has not been arrested.


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pleaded guilty to, or convicted of any crime (excluding minor traffic offenses) notheretofore fully disclosed by him to the Athletic Director. The Coach'srepresentation regarding these matters is a material condition of this Agreement.

6 N O T I C E Any notice required or permitted to be given hereunder shall be sent in

wri t ing and delivered personally or by certified mail return receipt requested,postage prepaid, to the person named herein.

to the Coach:Daniel Jonathan DurkinFootball OfficeGossett Football Team HouseCollege Park, Maryland 20742

to the University:

Kevin AndersonAthletic Director's OfficeXfin i ty CenterCollege Park, Maryland 20742

A copy shall be sent to Vice President for Legal A ffairs and General Counsel,University of Maryland, Main Administration Building, College Park, Maryland20742 and Office o f the President, University of Maryland, Main AdministrationBuilding, College Park, Maryland 20742. A copy shall also be sent to WalkerJones C/0 C A A Sports, 6060 Poplar Ave Ste 470, Memphis TN 38119 (email:[email protected]); and to Joseph E Rick Landrum C/O C A A Sports, 401

Commerce St Penthouse, Nashville TN 37219 (email: [email protected]).

The Coach and the University's authorized representatives have executed thisAgreement below to signify their agreement to the foregoing terms effective as ofDecember 3, 2015.

vin B. An^ergpnf'Athletics Director

dj durkin's full university of maryland contract

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