Common use of Termination by Coach Clause in Contracts

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular season, unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach prior to February 28, 2024. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the following circumstances: (i) Coach leaves University for a position as a FBS level head football coach, NFL defensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.2. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football strength and conditioning coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football strength and conditioning coach in writing. While Coach is assigned to the position of assistant football strength and conditioning coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular seasoncompetition (including post-season play in which the Oregon football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post- season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach prior to February 28, 2024. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the following circumstances: (i) Coach leaves University for a position as a FBS level head football coach, NFL defensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.22023. d. Any amount owed by Coach to University as per Section 6.3(c) & 6.3(d) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football softball coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football softball coach in writing. While Coach is assigned to the position of assistant football softball coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular seasonsoftball competition (including post-season play in which the Oregon softball team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular softball season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach prior to February 28, 2024. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the following circumstances: (i) Coach leaves University for a position as a FBS level head football coach, NFL defensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.2. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive offensive coordinator, such termination by Coach must occur at a time other than during the football regular seasoncompetition (including post-season play in which the Oregon football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university University prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university University of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Twenty five One hundred percent (25100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to February 28April 1, 2024. One Million Five Hundred Thousand Dollars ($1,500,000) if this Agreement is Terminated by Coach beginning April 1, 2024 and to prior to December 1, 2025. Two Hundred Fifty Thousand Dollars ($250,000) if this Agreement is Terminated by Coach beginning December 1, 2025 and prior to January 31, 2027. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the following circumstances: (i) event Coach leaves University for a position as a an FBS level head football coach, NFL defensive Head Coach or NFL offensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.2. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference Big Ten ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular seasoncompetition (including post-season play in which the Oregon football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university University prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university University of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, University shall only be obligated to pay Coach any earned but unpaid compensation (including incentive payments) or reimbursement for business expenses incurred prior to the University date of resignation but shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: One hundred percent (100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to April 1, 2024. Fifty percent (50%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning April 1, 2024 and prior to February 1, 2025. Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning February 1, 2025 and prior to February 28January 1, 20242026. The amounts owed by Coach to University per this section 6.3c shall be waived by University in if Coach terminates employment with the following circumstances: (i) Coach leaves University for to accept a position as a an FBS level head football coach, NFL defensive FBS level offensive coordinator (with full play calling responsibilities) ), NFL head coach or NFL head football coach; or offensive coordinator (ii) with full play calling responsibilities). Furthermore, if Coach terminates this the Agreement ifon or after January 2, at such time of termination2026, Coach has been reassigned pursuant shall owe no amount to Section 2.2University. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference Big Ten ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular seasoncompetition (including post-season play in which the Oregon football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university University prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university University of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: One hundred percent (100%) of the remaining Guaranteed Salary through the full Term of this Agreement at the time of Termination by Coach if this Agreement is Terminated by Coach prior to April 1, 2024. Fifty percent (50%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning April 1, 2024 and prior to February 1, 2025. Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach beginning February 1, 2025 and prior to February 28January 1, 20242026. The amounts owed by Coach to University per this section 6.3c shall be waived by University in if Coach terminates employment with the following circumstances: (i) Coach leaves University for to accept a position as a an FBS level head football coach, FBS level defensive coordinator (with full play calling responsibilities), NFL head coach or NFL defensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.2). d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference Big Ten ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive offensive coordinator, such termination by Coach must occur at a time other than during the football regular season, unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach prior to February 28, 2024. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the following circumstances: (i) Coach leaves University for a position as a FBS level head football coach, NFL defensive offensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.2. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.

Termination by Coach. a. Coach recognizes that his promise to work for the University for the entire Term of this Agreement is of essence to this Agreement. Coach also recognizes that the University is making a highly valuable investment in his continued employment by entering into this Agreement and that its investment would be lost were he to resign or otherwise terminate his employment with the University prior to the expiration of the Term of this Agreement. In recognition of these facts, the parties agree that Coach’s decision to terminate this Agreement prior to its expiration will be subjected to the following terms and conditions. b. If Coach wishes to pursue other employment opportunities, Coach is required to provide head football coach with written or verbal notice prior to meeting with representatives from another entity to discuss such employment opportunities. If Coach terminates this Agreement during its Term he must notify head football coach in writing. While Coach is assigned to the position of assistant football coach/defensive coordinator, such termination by Coach must occur at a time other than during the football regular seasoncompetition (including post-season play in which the Oregon football team is competing), unless both parties mutually agree otherwise. However, so long as the termination occurs other than during the football regular season, nothing limits Coach’s ability to provide notice at any time. If Coach gives notice prior to the completion of regular and, if relevant, post-season play, University may require Coach to continue his coaching and other responsibilities, or University may reassign Coach until the completion of all play. Simultaneously with such notice, Coach shall inform University in writing of his employment plans following the termination of his employment with University. Coach shall be deemed to have resigned his employment and terminated this agreement, as provided for in section 6.3, if Coach does not perform his duties for more than 30 days and such absence is unexcused, meaning that he did not obtain consent from the university prior to taking leave and the absence is not attributable to a medical emergency or other situation that prevented the Coach from informing the university of his absence. The University will determine whether a situation is one that prevents the Coach from informing it of his absence. If Coach resigns under Section 6.3, the University shall have no further financial obligation to Coach beyond the effective date of Coach’s resignation. c. Termination by Coach shall require Coach to pay, or cause to be paid, as repayment of Compensation, perquisites and benefits paid to or accrued by Coach in anticipation that Coach would fulfill the Term, a fixed sum to University, according to the following schedule: Twenty five percent (25%) of Guaranteed Salary at the time of Termination by Coach if this Agreement is Terminated by Coach prior to February 28, 20242023. The amounts owed by Coach to University per this section 6.3c shall be waived by University in the following circumstances: (i) event Coach leaves University for a position as a an FBS level offensive coordinator with play- calling responsibilities or FBS level head football coach, NFL defensive coordinator (with full play calling responsibilities) or NFL head football coach; or (ii) Coach terminates this Agreement if, at such time of termination, Coach has been reassigned pursuant to Section 2.2. d. Any amount owed by Coach to University as per Section 6.3(c) is payable in full within sixty (60) days of termination by Coach. The parties recognize and agree that the foregoing amounts also constitute a projection or measurement of University’s damages which, in such a case, would be extremely difficult to determine, and that this provision is a sufficient and reasonable estimate of the potential injury to University and that it shall be enforceable as liquidated damages and not as a penalty. Provided, however, that if University membership in the Pac-12 Conference ends and the University does not join without a competition- season interruption, a conference of comparable stature and NCAA classification level, this subsection shall not apply and Coach shall not be obligated to pay any liquidated damages. e. Coach and University have bargained for and agree to the foregoing liquidated damages, provisions, giving consideration to the fact that termination of the Agreement by Coach under this section 6.3 may precipitate or lead to University’s loss of revenue or other economic advantages or income related to University’s athletic program, which damages are extremely difficult to determine fairly, adequately or with certainty. The parties further agree that the payment of such liquidated damages by Coach shall constitute sufficient, adequate and reasonable compensation to University for any loss, damages or injury that University suffers because of such termination by Coach. The foregoing shall not be, nor be construed to be, a penalty.