Common use of Termination by University Clause in Contracts

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated Sixty percent (60%) of Coach’s Guaranteed Salary at the time of termination multiplied by the number of years remaining in this agreement. Partial years shall be prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract year at the time of termination. If head football coach voluntarily leaves his head coaching position at the University, University may terminate this agreement under 6.2. University shall then pay Coach as liquidated damages sixty percent (60%) of Coach’s current Guaranteed Salary (at the time of the termination) for a period of 12 months or the remaining term of this Agreement, whichever time period is less. All terms and conditions regarding this liquidated damages payment outlined in Section 6.2.c, 6.2.d and 6.2.e will apply. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the uponthe date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than lessthan University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than lessthan University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than lessthan University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b)6.2.b. b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated Coach’s current, Guaranteed Salary at the time of termination multiplied by the number of years remaining in this Agreement. Partial years shall be prorated by multiplying the Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract year at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy carCourtesy Car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position (not necessarily as a head coach) or a senior athletic administrative position (such as athletic director or associate athletic director position) at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or senior athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract at the time of termination. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficientconstitutesufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than lessthan University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.

Termination by University. (not for cause) a. The University shall have the right to terminate this Agreement at any time for any or no reason. Such termination shall be effectuated by delivering to Coach written notice of University's intent to terminate this Agreement without cause and shall be effective upon delivery to the Coach or upon the date stated in the letter, whichever is later (Termination Date). University shall not be obligated to state a reason for termination of Coach without cause. If University exercises its right under this Section 6.2, Coach shall only be entitled to payments, damages or compensation as provided for in Section 6.2.b below. This means that in no event will the University be obligated to pay Coach any amount in excess of the amount provided for in Section 6.2(b). b. Subject to Coach’s obligations under Section 6.2.e, if University terminates this Agreement under this Section 6.2, University shall pay to Coach, as liquidated damages, the following: Prorated Sixty percent (60%) of Coach’s Guaranteed Salary at the time of termination multiplied by the number of years remaining in this agreement. Partial years shall be prorated by multiplying Guaranteed Salary at the time of termination by X/365, where X is the number of days remaining in the current contract year at the time of termination. If head football coach voluntarily leaves his head coaching position at the University, University may terminate this agreement under 6.2. University shall then pay Coach as liquidated damages sixty percent (60%) of Coach’s current Guaranteed Salary (at the time of the termination) for a period of 12 months or the remaining term of this Agreement, whichever time period is less. All terms and conditions regarding this liquidated damages payment outlined in Section 6.2.c, 6.2.d and 6.2.e will apply. c. University's obligation under Section 6.2.b shall not accrue interest (so long as not in arrears) and shall be paid on a monthly basis over the balance of the scheduled Term of this Agreement. University's obligations under section 6.2.b are subject to Coach's duty to mitigate, as set forth in Section 6.2.e. Failure to pay timely such liquidated damages shall constitute a breach of this Agreement and such sum shall be recoverable, in any state court of competent jurisdiction in the State of Oregon. Notwithstanding the foregoing, Coach is required to give the university reasonable notice of the breach (no less than ten days) and an opportunity to cure prior to initiating a lawsuit against the University. After the Termination Date, Coach will not be entitled to any other employee benefits except as otherwise provided in this Section 6.2 or required by applicable law. This means that Coach must return all UO property (including any assigned courtesy car) to the university by the Termination Date. In no case shall University be liable for the loss of any collateral business opportunities or any other benefits (including unemployment compensation), or compensation),or perquisites, or income resulting from activities such as but not limited to, camps, clinics, media appearances, broadcast talent fees, apparel, equipment or shoe contracts, consulting relationships, or from any other (inside-the-the- University or outside-the-University) sources that may ensue as a result of University's termination of this Agreement under this Section 6.2. d. Coach and University have bargained for and agreed to the foregoing liquidated damages provisions, giving consideration to the fact that termination of this Agreement by University under this Section 6.2 may precipitate or lead to Coach's loss of certain salary, benefits, supplemental compensation or other economic advantages or income related to her his employment at the University, which damages are extremely difficult to determine fairly, adequately, or with certainty. Theparties The parties further agree that the payment of such liquidated damages by University shall constitute sufficient, adequate and reasonable compensation to Coach for any loss, damages or injury Coach suffers because of such termination by University. The foregoing shall not be, nor be construed to be, a penalty. The provisions of this Section 6.2 shall be without prejudice to any other right (excluding unemployment compensation) Coach may have under applicable law. Coach acknowledges that state and federal taxes must be withheld and paid on liquidated damages as required by law. e. If University terminates this Agreement under this Section 6.2, Coach agrees to mitigate University’s obligations to pay liquidated damages under Section 6.2.b by making reasonable, good faith, and diligent efforts to obtain Comparable Employment Employment, such as a coaching position at a college or university or with a professional team as soon as reasonably possible after termination of this Agreement. Should Coach obtain any employment, including, but not limited to, Comparable Employment, (“New Employment”) University’s financial obligations under this Agreement, including Section 6.2.b, shall cease if Coach’s Monthly Compensation (defined as 1/12th of Coach’s annual compensation, inclusive of all bonuses and any form of monetary compensation, including any payments into special programs, including special insurance vehicles or corporations or trusts, but excluding usual and customary non-monetary fringe benefits such as health and life insurance, club memberships and use of vehicles), is equal to or greater than University’s obligation to pay liquidated damages under Section 6.2.b, prorated on a monthly basis. If Coach’s Monthly Compensation, from New Employment is less than University’s monthly obligation to pay liquidated damages under Section 6.2.b, the amount of University’s obligation to pay liquidated damages shall be reduced on a monthly basis by the greater of: a) the amount of Coach’s Monthly Compensation from such New Employment or, in the event University reasonably determines that the amount of such Monthly Compensation is not within an acceptable range of compensation amounts pursuant to the anticipated results of an arms-length negotiation between Coach and a new employer when then-existing and relevant marketplace factors are applied, or b) the median Monthly Compensation, as determined from publically available sources, of incumbents in equivalent coaching or athletic administrative positions in, as relevant, the NCAA Division, collegiate athletics’ conference, or professional sports league in which Coach has obtained Comparable Employment or any other employment. In no event, will the University’s then-current obligation to pay Coach liquidated damages increase if Coach resigns from New Employment or is otherwise terminated from New Employment. In the event Coach is separated from New Employment and the University still has obligations under Section 6.2, Coach continues to have the mitigation obligations set forth above. Coach shall promptly inform University of changes in her his employment status (including monthly salary and type and value of fringe benefits that are included in the calculation of Coach’s compensation) for purposes of the implementation of this Section 6.2.e. Coach agrees to provide University with a copy of any employment agreement relevant to Coach’s obligations stated above, as well as other information necessary to establish compliance with this mitigation obligation including, upon request, information relating to income Coach has received in a manner that did not generate a form W-2 or 1099. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed thirty days) following University’s request for such documentation or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this section, University’s obligations to pay liquidated damages under Section 6.2.b shall cease.