HEAD COACH EMPLOYMENT AGREEMENT

BETWEEN

BOARD OF REGENTS OF THE

NEVADA SYSTEM OF HIGHER EDUCATION

ON BEHALF OF

THE UNIVERSITY OF NEVADA, LAS VEGAS

AND

DANIEL MULLEN



        

HEAD COACH EMPLOYMENT AGREEMENT

TABLE OF CONTENTS

ARTICLE 1 – PURPOSE ........................................................................................................................................................ 5

ARTICLE 2 – PUBLIC DOCUMENT ....................................................................................................................................... 5
ARTICLE 3 – TERM OF EMPLOYMENT, NOTICE OF NON-RENEWAL, MANDATORY BACKGROUND CHECK, AND
EMPLOYEE’S CERTIFICATION OF TRUTH AND ACCURACY OF MATERIALS AND REPRESENTATIONS................................. 5
3.1. TERM OF EMPLOYMENT .................................................................................................................................... 5
3.2. NOTICE OF NON-RENEWAL ................................................................................................................................ 5
3.3. MANDATORY BACKGROUND CHECK.................................................................................................................. 6
3.4. EMPLOYEE’S CERTIFICATION OF TRUTH AND ACCURACY OF MATERIALS AND REPRESENTATIONS................. 6
ARTICLE 4 – POSITION ........................................................................................................................................................ 6
4.1 Employment As Head _____________________ Coach Of University ............................................................. 6
4.1.a. Position ...................................................................................................................................................... 6
4.1.b. Head Coach is Administrator; Reassignment .............................................. Error! Bookmark not defined.
4.1.b. Head Coach May Not Be Reassigned ......................................................................................................... 6
4.2 Description Of Employee’s Responsibilities ....................................................................................................... 6
4.2.a. Recognition Of Duties ................................................................................................................................ 6
4.2.b. General Duties And Responsibilities of Employee ..................................................................................... 6
4.2.c. Duties and Responsibilities While Employed As Head Coach .................................................................... 7
4.3 Employee Subject to Discipline/Corrective Action for Violations of Board of Regents, Institution, NCAA, and
Conference Rules and Regulations ................................................................................................................................ 8
4.3.a. Prior Employment ...................................................................................................................................... 8
4.3.b. Discipline/Corrective Action ...................................................................................................................... 8
4.4 Reporting Relationship....................................................................................................................................... 9
4.5 Annual Personnel Evaluations ......................................................................................................................... 10
ARTICLE 5 – COMPENSATION .......................................................................................................................................... 10
5.1 Base Salary ....................................................................................................................................................... 10
5.2 Fringe Benefits ................................................................................................................................................. 10
5.3 Initial Employment Allowance and Expenses .................................................................................................. 11
5.4 Automobile and Hosting Account .................................................................................................................... 11
5.5 Season Tickets and Membership ..................................................................................................................... 11
5.6 Other Compensation........................................................................................................................................ 11
5.6.a. Media and Public Appearances................................................................................................................ 11
5.6.b. Shoe and Apparel Contract ...................................................................................................................... 12
5.6.c. Additional Compensation - Revenue Enhancement Payment .................... Error! Bookmark not defined.
5.6.d. Retention Bonus.......................................................................................... Error! Bookmark not defined.
5.7 Supplemental Compensation - Athletic Performance Payment ...................................................................... 13



        

5.8 Opportunities to Earn Outside Income ............................................................................................................ 14

5.8.a. General Provisions Concerning Outside Income...................................................................................... 14
5.8.a.1. University Obligations are Primary .................................................................................................. 14
5.8.a.2. Laws and University, NCAA and Conference Rules Control ............................................................. 14
5.8.a.3. University Approval is Required ....................................................................................................... 14
5.8.a.4. University is Not Liable .................................................................................................................... 14
5.8.b. Commercial Endorsement ....................................................................................................................... 14
5.8.c. Income from Written and Video Materials .............................................................................................. 15
5.8.d. Summer Camp.......................................................................................................................................... 15
5.8.e. Conflict of Interest/Competing Organizations ......................................................................................... 15
5.8.f. Disclosure of Outside Income .................................................................................................................. 15
ARTICLE 6 – TERMINATION .............................................................................................................................................. 15
6.1 Termination by University................................................................................................................................ 15
6.1.a. Termination Without Cause ..................................................................................................................... 16
6.1.a.1. Liquidated Damages ......................................................................................................................... 16
6.1.a.2. Liquidated Damages as Sole Remedy .............................................................................................. 16
6.1.a.3. Employee to Make Reasonable and Diligent Efforts to Obtain Employment .................................. 16
6.1.b. Automatic Termination upon Death or Disability of Employee ............................................................... 16
6.1.c. Termination by University for Cause ....................................................................................................... 17
6.1.d. Determination of Cause and Employee’s Right to University Hearing .................................................... 17
6.1.e. University’s Obligations Upon Termination for Cause ............................................................................. 18
6.2 Termination by Employee ................................................................................................................................ 18
6.2.a. Termination for Convenience of Employee ............................................................................................. 18
6.2.a.1. Written Notice of Termination ........................................................................................................ 18
6.2.a.2. Liquidated Damages ......................................................................................................................... 18
6.2.a.3. Not a Penalty .................................................................................................................................... 20
6.2.b. Effect of Termination by Employee ......................................................................................................... 20
ARTICLE 7 – RESTRICTIVE COVENANTS ............................................................................................................................ 20
7.1 Confidential Information ................................................................................................................................. 20
7.2 Other Employment Opportunities ................................................................................................................... 20
ARTICLE 8 – MISCELLANEOUS .......................................................................................................................................... 20
8.1 Assistant Coaches............................................................................................................................................. 20
8.2 Other Remedies ............................................................................................................................................... 21
8.3 Choice of Law and Venue ................................................................................................................................. 21
8.4 Assignment of Agreement ............................................................................................................................... 21
8.5 Merger Clause .................................................................................................................................................. 21



        

8.6 Amendments to Agreement ............................................................................................................................ 21

8.7 Severability....................................................................................................................................................... 21
8.8 No Waiver of Default ....................................................................................................................................... 21
8.9 Acknowledgement ........................................................................................................................................... 21
8.10 Indemnification of University .......................................................................................................................... 22
8.11 University Retains All Materials and Records .................................................................................................. 22
8.12 Employee Will Not Incur University Indebtedness .......................................................................................... 22
8.13 Government Immunity Not Waived ................................................................................................................ 22
8.14 Notice ............................................................................................................................................................... 22
8.15 Applicability of Nevada System of Higher Education Code ............................................................................. 23
8.16 Captions ........................................................................................................................................................... 23



        

HEAD COACH EMPLOYMENT AGREEMENT

between
Board of Regents of the Nevada System of Higher Education,
on behalf of
the University of Nevada, Las Vegas
and
Daniel Mullen

This Head Coach Employment Agreement (this “Agreement”) is effective this 13 day of December, 2024 (the
“Effective Date”), by and between the Board of Regents of the Nevada System of Higher Education, on behalf of the
University of Nevada, Las Vegas (the “University”), and Daniel Mullen (the “Head Coach” or the “Employee”).

ARTICLE 1 – PURPOSE

The University and the Head Coach have entered into this Agreement because the University desires to contract
the Employee for the period set forth in Article 3 with the Employee’s assurance that Employee will serve the entire term of
this Agreement, a long-term commitment by the Employee being critical to the University’s desire to run a stable athletic
program. The University and the Employee agree that head coaches of intercollegiate athletic teams at the University
conduct their professional activities under circumstances unique in the University community and among University
employees, including evaluation and scrutiny of program performance by the public and the news media and control by
external rules and regulations, including without limitation the rules and regulations of the National Collegiate Athletic
Association (“NCAA”) and the athletic conference of which the University is a member (the “Conference”). These
circumstances justify job security and commitment by the Employee longer than one year but less than a continuous
appointment. The Employee desires to obtain the opportunities of employment with the University which are set forth in
this Agreement. For these reasons, the University has agreed to employ the Employee and the Employee has promised
to be employed by the University upon the terms and conditions set out in this Agreement.

ARTICLE 2 – PUBLIC DOCUMENT

The parties agree that this Agreement is a public document and that the University may release copies of this
Agreement to persons requesting the same.

ARTICLE 3 – TERM OF EMPLOYMENT, NOTICE OF NON-RENEWAL, MANDATORY BACKGROUND CHECK, AND

EMPLOYEE’S CERTIFICATION OF TRUTH AND ACCURACY OF MATERIALS AND REPRESENTATIONS

3.1. TERM OF EMPLOYMENT

The Employee’s employment hereunder shall commence on the Effective Date and shall continue until this
Agreement terminates upon the close of business at the University on December 31, 2029 (the “Term”), provided, that this
provision is subject to the terms and conditions of Article 6 hereof concerning termination and Article 7 hereof concerning
restrictions on competition, and neither party shall have any right to terminate this Agreement prior to the close of business
at the University on December 31, 2029 except as provided therein.

3.2. NOTICE OF NON-RENEWAL

THE PARTIES TO THIS AGREEMENT EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVISIONS OF
THIS ARTICLE CONSTITUTE THE NOTICE TO THE EMPLOYEE OF THE NONRENEWAL OF EMPLOYMENT AT THE
UNIVERSITY AND THAT EMPLOYEE’S EMPLOYMENT WILL TERMINATE UPON THE CLOSE OF BUSINESS AT THE
UNIVERSITY ON THE DATE SET FORTH IN THIS ARTICLE 3, AND THAT, NOTWITHSTANDING ANY PROVISION OF
THE NEVADA SYSTEM OF HIGHER EDUCATION (“NSHE”) CODE (BOARD OF REGENTS’ HANDBOOK, TITLE 2)
(HEREINAFTER, “NSHE CODE”) TO THE CONTRARY, NO OTHER NOTICE OF NONRENEWAL OF EMPLOYMENT
SHALL BE REQUIRED.



        

3.3. MANDATORY BACKGROUND CHECK

Employee is subject to a mandatory background check to be undertaken by the University and completed within
thirty (30) days of the Effective Date of this Agreement. Employee’s academic degrees and credentials must be confirmed,
and Employee’s NCAA compliance record reviewed and accepted by Employer before the Agreement is signed.
Employee’s failure to pass the background check to the satisfaction of the University, in its sole reasonable discretion,
invalidates and voids this Agreement and results in immediate termination for cause. Following initial employment,
Employee is subject to and hereby consents to additional background check(s) at the University’s discretion at any time
during employment. Employee’s failure to pass any background check to the satisfaction of the University, in its sole
reasonable discretion, for reasons that would constitute cause for discipline under Paragraph 6.1.c or cause for termination
of the contract, invalidates and voids this Agreement and results in immediate termination for cause.

3.4. EMPLOYEE’S CERTIFICATION OF TRUTH AND ACCURACY OF MATERIALS AND REPRESENTATIONS

Employee does hereby certify and declare that Employee’s application materials, including but not limited to
resumes and curriculum vitae submitted in support of candidacy for or continuation of employment are a true and accurate
representation of Employee’s education, credentials, qualifications, experience, and background and acknowledges that
falsification of employment applications or documents submitted to the NSHE, or making other false or fraudulent
representations in securing or maintaining employment is prohibited. Falsification or misrepresentation of education,
credentials, qualifications, experience, or background and/or evidence that degrees offered in support of candidacy for or
continuation of employment have been issued from non-accredited institutions, in University’s sole reasonable discretion,
invalidates the employment contract and voids this Agreement and results in immediate termination for cause.

ARTICLE 4 – POSITION

4.1 Employment As Head Football Coach Of University

4.1.a. Position
The Employee is hereby employed by the University. Throughout the Term, the Employee shall use Employee’s
best full-time energies and abilities for the exclusive benefit of the University. The Employee shall serve as the Head Coach
of the University’s Football program (the “Program”), and the Employee, as Head Coach, shall also serve as the primary
and responsible administrator of the Program.

4.1.b. Head Coach May Not Be Reassigned

Notwithstanding that Employee shall have administrative duties, Employee is not subject to reassignment from the
position of Head Coach to another position at the University.

4.2 Description Of Employee’s Responsibilities

4.2.a. Recognition Of Duties

The Employee agrees to be a loyal employee of the University. The Employee agrees to devote Employee’s best
efforts full time to the performance of all duties for the University, to give proper time and attention to furthering Employee’s
responsibilities to the University and to comply with all rules, regulations, policies, and decisions established or issued by
NSHE, the University, the NCAA, and the Mountain West Conference (the “Conference”) or any successor conference,
and to comply with all rules, regulations, policies, and decisions established or issued by the athletic department of the
University (the “Athletic Department”). The Employee agrees that, notwithstanding any provision of Article 5.8 herein,
during the Term, Employee will not engage, directly or indirectly, in any business or investments that would materially
detract from or interfere with Employee’s ability to apply best efforts to the performance of all duties hereunder. Subject to
the provisions of Article 5.8, the Employee also agrees not to knowingly usurp any corporate or competitive opportunities
of the University.

4.2.b. General Duties And Responsibilities of Employee

During the Term, the Employee agrees to undertake and perform properly, efficiently, to the best of Employee’s
ability and consonant with the standards of the University all duties and responsibilities attendant to the position of Head
Coach of the Program as set forth in Article 4.2.c below. The Employee further agrees to abide by and comply with the
constitution, bylaws and interpretations of the NCAA and all NCAA and University rules and regulations relating to
Employee’s conduct and administration of the Program, including recruiting rules, as now constituted or as any of the same



        

may be amended during the term hereof, as well as the applicable constitution, bylaws, rules and regulations of the
Conference. In the event that the Employee becomes aware of, or has reasonable cause to believe that violations of any
NCAA constitution, bylaws, rules or regulations, or official interpretations thereof, may have taken place, Employee shall
report the same promptly (within 48 hours) to the University’s Director of Intercollegiate Athletics (“Athletic Director”) or
designee.

It is further understood that Employee is individually responsible for compliance with the policies of NSHE, the
University, including, but not limited to, those of its Athletic Department, and with the rules and regulations of the NCAA
and the Conference and the constitution, bylaws, rules, regulations and official interpretations thereof, as may be in effect
from time to time, and for reporting violations and potential violations thereof to the Athletic Director. The Employee agrees
to adhere to, respect and follow the academic standards and requirements of the University in regard to the recruiting and
eligibility of prospective and current student athletes for the Program.

All academic standards, requirements and policies of NSHE and University shall also be observed by the Employee
and members of Employee’s staff, including assistant coaches, at all times and shall not be compromised or violated at
any time. It is the goal and desire of both the University and Employee that student athletes in the Program perform at the
highest possible academic level. As Head Coach, the Employee will publicly support the mission and policies of the
University and the Athletic Department. Employee shall not exhibit any behavior that, in the sole discretion of the Athletic
Director, brings Employee or University into public disrepute, contempt, scandal or ridicule or in any behavior that is
unfavorable to the reputation or ethical standards of NSHE or University. In Employee’s position as Head Coach of the
Program, the Employee is held directly accountable for these general responsibilities relating to the Program:
implementation of the budget for the Program and the recruiting, training, supervision, evaluation and performance of
student athletes and coaching staff.

As Head Coach of the Program, Employee shall be positive in supporting the Program, the Athletic Director, the
Athletic Department, and the University.

4.2.c. Duties and Responsibilities While Employed As Head Coach

The duties and responsibilities assigned to the Employee in connection with this position as Head Coach of the
Program are as set forth below. The Employee’s specific job duties and responsibilities shall be reviewed, assigned and
revised from time to time, after consultation with the Employee, by the Athletic Director. The duties and responsibilities
are not exclusive of the other general duties and responsibilities provided for elsewhere in this Agreement.

1. Specialized Position
The position of Head Coach of the Program is a specialized professional position. The Employee is
responsible for evaluating, recruiting, training and coaching student athletes to compete successfully
against major college competition in a quality program and the Employee is expected to conduct the
Program in a manner most beneficial to the University and its Athletic Department.

2. Coaching
Employee shall participate in the instruction and coaching of student-athletes and shall effectively apply
experience in recruiting, training and coaching of student-athletes.

3. Recruiting
Employee shall determine evaluation schedules for high school contests and junior college contests, as
appropriate, to interview and recruit prospective student-athletes.

4. Rules Compliance
Employee shall comply with all rules, regulations, guidelines and policies of the Athletic Department, the
NCAA and the Conference. Employee shall have complete knowledge of the rules and regulations
governing intercollegiate athletics and maintain strict compliance therewith and attend all department-wide
rules education meetings unless the Athletic Director or designee gives prior approval for absence from
such meetings.

5. Good Sportsmanship
Intercollegiate athletics contests shall be conducted in a sportsmanlike manner. Employee shall use best
efforts to ensure that all student-athletes, coaches and staff who are associated with the Program conduct



        

themselves in a sportsmanlike manner. Employee shall (and shall also ensure that that all student-
athletes, coaches and staff) exhibit ethical behavior at all NCAA and Conference competitions and shall
conduct themselves in accordance with the rules of the NCAA and the Conference and the playing rules
of the respective sports. If Employee violates playing rules of the sport in which Employee serves as Head
Coach (including, but not limited to, receipt of technical fouls or ejection from any game), Employee may
be subject to disciplinary or corrective action as set forth in the NCAA, Board of Regents’ or University
enforcement procedure and/or as set forth below in Article 4.3 and Article 6.1.c and d. Employee shall
(and shall also use best efforts to ensure that all student-athletes, coaches and staff) refrain from making
negative comments regarding an opposing institution or its players, teams, coaches/staff or game officials,
and shall create a healthy environment for competition.

6. Fiscal Management
Employee is responsible for all aspects of fiscal management related to the Program. The Employee, in
conjunction with the Athletic Director may be required to assist in securing outside funding to meet the
needs of the Program or to enhance the overall Athletic Department programs, if necessary.

7. Support Academic Mission

Employee shall work towards integration of intercollegiate athletics and the experience for each student-
athlete into the whole spectrum of academic life and to complement the University and its mission.

8. Academic Performance
Commencing with the academic year 2025-2026, and each academic year thereafter for the Term, the
Employee will use best efforts to maintain a minimum academic performance rate (“APR”) of 930 or above,
or as established by the NCAA or the Conference, whichever is the higher, for all athletes on the Program’s
team. If the said minimum APR is not achieved in any academic year, Employee shall, within thirty (30)
days of the end of the academic year, prepare and submit to the Athletic Director or designee a written
plan of action to achieve the minimum APR in the next academic year. Upon approval by the Athletic
Director or designee, Employee shall collaborate with all applicable units to implement such plan.
Employee shall require all athletes on the Program’s team to follow all academic procedures established
by the Athletic Department.

9. Other Specific Duties and Responsibilities

The Athletic Director or designee may assign any additional duties and responsibilities that are reasonably
related to the position of Head Coach for the sport in which Employee serves as Head Coach.

4.3 Employee Subject to Discipline/Corrective Action for Violations of Board of Regents, Institution, NCAA, and
Conference Rules and Regulations

4.3.a. Prior Employment

If the Employee is found to have violated NCAA rules and regulations during prior employment at another NCAA
member institution, the Employee shall be subject to disciplinary or corrective action as set forth in the NCAA enforcement
procedure.

4.3.b. Discipline/Corrective Action

1. Warning, Reprimand, Suspension with Pay and Non-monetary Corrective Action
Notwithstanding any provisions of the NSHE Code, if the Employee is found to be in violation of Board of
Regents, University, NCAA or Conference rules and regulations, or provisions of this Agreement, including,
but not limited to, the prohibitions set forth in Article 6.1.c hereof, while employed by the University, the
Employee, in the University’s sole reasonable judgment, may be subject to disciplinary or corrective action
as set forth in the NCAA, Board of Regents, University or Conference enforcement procedure and/or as
set forth in this Article 4.3.b.1. The Athletic Director may issue a verbal or written warning, issue a written
reprimand, suspend the Employee with pay, require the Employee to undergo additional training or
education and/or impose any additional non-monetary disciplinary or corrective actions, including those
allowed under NCAA or Conference rules or regulations. Nothing in this section shall prevent the
Employee from also being disciplined under Article 4.3.b.2 of this Agreement or from Employee’s
employment being terminated as provided in Article 6.1.c and d. hereof for such violations.



        

The Athletic Director shall give the Employee written notice of intent to discipline. The written notice must
describe the circumstances of the alleged prohibited conduct, the alleged violations, the intended discipline
and may include materials or documentation in support of the charges. The Employee may present a
written response to the Athletic Director within five (5) calendar days after receipt of the written notice. The
time period for the Employee’s written response may be extended by the Athletic Director for good cause,
as determined in the sole and absolute discretion of the Athletic Director. Under this Article 4.3.b.1, there
is no right to an evidentiary hearing with regard to any proposed discipline or to an appeal of the Athletic
Director’s decision. The Athletic Director shall issue a written decision within a reasonable time after
receiving Employee’s written response, if any, and the decision of the Athletic Director is final and not
subject to any appeal, grievance or reconsideration. Notwithstanding any provision of the NSHE Code to
the contrary, the written decision of the Athletic Director pursuant to this Article 4.3.b.1 may be considered
public and may be provided by University to the media or any other third party. Employee expressly agrees
that, notwithstanding any NSHE Code provision to the contrary, the University shall be permitted to
comment publicly regarding any discipline imposed pursuant to this Article 4.3.b.1 (including through public
statements, press release, press conferences and in response to any public statements made by the
Employee).

Employee acknowledges and agrees that the administrative process provided herein constitutes legal due
process, and that no further administrative process is required.

2. Suspension Without Pay, Fines/Penalties

Notwithstanding any provisions of the NSHE Code, if the Employee is found to be in violation of Board of
Regents, University, NCAA or Conference rules and regulations, or provisions of this Agreement,
including, but not limited to, the prohibitions set forth in Article 6.1.c hereof, while employed by the
University, the Employee, in University’s sole reasonable judgment, may be subject to disciplinary or
corrective action as set forth in the NCAA, Board of Regents, University, or Conference enforcement
procedure and/or as set forth in this Article 4.3.b.2. The Athletic Director, with the approval of the
University’s President, may suspend the employee without pay and/or impose a fine or monetary penalty
not to exceed $10,000 per violation. Nothing in this section shall prevent the Employee from also being
disciplined under Article 4.3.b.1 of this Agreement or shall prevent the Employee’s employment from being
terminated as provided in Article 6.1.c and d. hereof for such violations.

The Athletic Director shall give the Employee written notice of intent to discipline. The written notice must
describe the circumstances of the alleged prohibited conduct, the alleged violations, the intended
discipline, and may include materials or documentation in support of the charges. The Employee may
present a written response to the Athletic Director within five (5) calendar days after receipt of the written
notice. The time period for the Employee’s written response may be extended by the Athletic Director for
good cause, as determined in the sole and absolute discretion of the Athletic Director. Under this Article
4.3.b.2, there is no right to an evidentiary hearing with regard to any proposed discipline or to an appeal of
the Athletic Director’s decision. The Athletic Director shall issue a written decision within a reasonable
time after receiving Employee’s written response, if any, and the decision of the Athletic Director is final
and not subject to any appeal, grievance or reconsideration. Notwithstanding any provision of the NSHE
Code to the contrary, the written decision of the Athletic Director regarding discipline imposed pursuant to
this Article 4.3.b.2 may be considered public and may be provided by University to the media or any other
third party. Employee expressly agrees that, notwithstanding any NSHE Code provision to the contrary,
the University shall be permitted to comment publicly regarding any discipline imposed pursuant to this
Article 4.3.b.2 (including through public statements, press release, press conferences and in response to
any public statements made by the Employee).

Employee acknowledges and agrees that the administrative process provided herein constitutes legal due
process, and that no further administrative process is required.

4.4 Reporting Relationship

The Employee shall report to the Athletic Director. The Employee is expected to work closely with a variety of
athletic department and University staff on all matters affecting the Program or otherwise connected with the discharge of
Employee’s duties as an employee of the University.



        

4.5 Annual Personnel Evaluations

The Employee’s performance of job duties and responsibilities, distinguished from Employee’s win-loss record will
be evaluated by the Athletic Director or the Employee’s direct supervisor periodically on the duties and responsibilities set
forth in this Agreement according to the responsibilities set forth in Article 4.2.

40% Competitiveness;
40% Academics and rules compliance;
10% Institutional goals, including diversity, and citizenship and
10% Program administration.

These evaluations also will take into account prior evaluations and the expectations and goals set for the Employee
in such prior evaluations. Academic achievement shall include, but not be limited to, maintenance of the APR as set forth
in Article 4.2.c.8. An overall “unsatisfactory” rating in two consecutive annual performance evaluations shall be cause for
termination by University in accordance with Article 6.1.c and d below. Employee’s evaluations are not subject to the
provisions of the NSHE Code, Title 2, Chapter 5, Article 5.2.3 (statement of reasons), Article 5.3.4 (reconsideration) or
Article 5.12 (evaluations). However, Employee may submit a written rejoinder to the evaluation, which will be included in
the Employee’s personnel file.

In addition, each year that the Employee serves as Head Coach of the Program, the Employee will be responsible
for evaluating assistant coaches, who shall be evaluated on the same basis as performance evaluations are done for other
administrative employees of the University or as specified in the assistant coach’s contract of employment.

ARTICLE 5 – COMPENSATION

In consideration for the promises Employee has made in entering into this Agreement, the Employee shall be entitled to
the compensation as described below. All payments, including non-cash consideration and benefits, by the University are
subject to normal deductions and withholding of all applicable state, local and federal taxes, including all provisions,
regulations and guidelines of the Internal Revenue Code, and for any retirement or other benefits to which the Employee
is entitled or in which Employee participates, and are subject to the terms and conditions of Article 6 hereof concerning
termination of this Agreement and Article 7 hereof concerning restrictions on competitive employment.

5.1 Base Salary

The base salary paid by the University to the Employee for all services and satisfactory performance of the terms
and conditions of this Agreement shall be at the annualized base rate set forth below (“Base Salary”) prorated to the
portion of the fiscal year the Employee is actually employed, and payable in equal monthly installments by the University
to the Employee on the first working day of each consecutive calendar month during the Term.

Contract Year 1 (December 13, 2024 December 31, 2025) - $400,000 per annum
Contract Year 2 (January 1, 2026 – December 31, 2026) - $400,000 per annum
Contract Year 3 (January 1, 2027 – December 31, 2027) - $400,000 per annum
Contract Year 4 (January 1, 2028 – December 31, 2028) - $400,000 per annum
Contract Year 5 (January 1, 2029 – December 31, 2029) - $400,000 per annum

Notwithstanding this Article 5.1, in the event there are salary reductions throughout the Nevada System of Higher
Education for any fiscal year during the Term, Employee’s salary shall be reduced by the same percentage and in the
same manner as other non-tenured faculty of University through the mechanisms required by the Board of Regents,
such as, for example, pay cuts and unpaid leave days. If the Nevada State Legislature grants a Cost of Living (COLA)
increase for state employees and if the Nevada System of Higher Education authorizes a COLA increase for its
employees, Employee is not entitled to receive a COLA increase. If the Nevada State Legislature funds merit awards
for Nevada System of Higher Education faculty and the Nevada System of Higher Education and University authorizes
merit awards for University employees, Employee is not eligible to participate in the merit program.

5.2 Fringe Benefits

Except as provided herein, the Employee shall be entitled to the standard fringe benefits provided to all other
professional employees of the University including, but not limited to, retirement contributions based upon the Base Salary



        

paid pursuant to Article 5.1 of this Agreement, insurance and sick leave. The Employee is responsible for notifying the
Athletic Director or designee in writing of any request to use sick leave time. Annual leave shall not be earned or accrued;
however, personal leave may be taken at times and in duration approved in advance or as directed by the Athletic Director
or designee, at the request of Employee or otherwise.

5.3 Initial Employment Allowance and Expenses

Within 15 days of beginning employment, Employee shall receive an additional one-time gross payment of
$35,000. Employee will not be eligible for reimbursement for moving, relocation or other expenses in connection with
commencement of employment. Should Employee terminate employment pursuant to Section 6.2 of this Agreement
within twelve (12) months of the Effective Date of this Agreement, Employee shall repay the initial employment allowance
to University in full within thirty (30) days of termination. Any repaid amount shall bear simple interest at the rate of eight
(8) percent annum until paid in full.

The University will reimburse the Employee for all travel and out-of-pocket expenses reasonably incurred by him
for the purpose of and in connection with the performance of Employee’s duties under this Agreement, including, but not
limited to, expenses incurred while recruiting and scouting. Such reimbursement shall be made in accordance with
standard reimbursement rates and procedures of the University upon presentation to the University of standard travel
reimbursement forms, vouchers or other statements itemizing such expenses in reasonable detail. In addition, the
University will provide the Employee’s spouse or domestic partner, and minor child(ren) with team travel privileges to all
University away games and all University NCAA post-season travel at the standard state per diem rate.

5.4 Automobile and Hosting Account

The University, as additional compensation to the Employee, shall make arrangements for and provide to the
Employee, on a loan basis, one (2) automobile for use by Employee for so long as the Employee serves as Head Coach
of the Program. The Employee will be responsible for securing the proper insurance coverage required by the University
and shall be responsible for all other expenses involved in the use and operation by Employee of said automobile. In
addition, Employee agrees to comply with all applicable policies, guidelines and employee agreements related to the use
and operation of said automobile. Employee shall have use of a hosting account in the amount of $20,000 subject to all
applicable Board of Regents and institution policies and procedures.

5.5 Season Tickets and Membership

The University shall make available to the Employee, upon request, for the Employee’s personal and professional
use and not for commercial sale, transfer or barter, a number of athletic tickets as follows:
a. The University shall make available to the Employee, so long as Employee serves as Head Coach of the
Program and for no longer, a suite for all UNLV regular season home football games for use by Employee,
his family and guests, where the Employee will be responsible for all food and beverage costs;
b. The University shall make available to the Employee, so long as Employee serves as Head Coach of the
Program and for no longer, up to eighteen (18) regular season tickets for all UNLV Home Football games.
The University also shall make available to Employee, upon request, up to four (4) tickets to UNLV regular
season home UNLV Men’s Basketball games;
c. The University shall make available to the Employee, so long as Employee serves as Head Coach of the
Program and for no longer, upon request, up to ten (10) tickets to all other University varsity sport home
games; and
d. The University will arrange for membership privileges, at no cost to Employee, at a local golf or country
club for as long as Employee serves as the Head Coach of the Program and for no longer.

5.6 Other Compensation

5.6.a. Media and Public Appearances

In consideration for Employee’s satisfactory, as evaluated in the Athletic Director’s sole reasonable discretion,
media and public/donor appearances (the “Appearances”) scheduled by the University (on and off season) of no less than
fifteen (15) radio appearances, fifteen (15) television/internet appearances, and fifteen (15) public/donor appearances per
fiscal year (unless such appearances are cancelled by the University), the University shall pay Employee the following



        

amounts per fiscal year, not subject to COLA, retirement contributions or retirement deductions (“Media and Public
Appearance Fee”), only for so long as the Employee is serving as Head Coach of the Program.

Contract Year 1 (December 13, 2024 – December 31, 2025) - $3,100,000 per annum (annualized)
Contract Year 2 (January 1, 2026 – December 31, 2026) - $3,100,000 per annum
Contract Year 3 (January 1, 2027 – December 31, 2027) - $3,100,000 per annum
Contract Year 4 (January 1, 2028 – December 31, 2028) - $3,100,000 per annum
Contract Year 5 (January 1, 2029 – December 31, 2029) - $3,100,000 per annum

The Media and Public Appearance Fee shall be paid in equal monthly installments, on or about the first business
day of each month during the Term. The Appearances may include appearances before civic, faculty, student, alumni,
booster or other like groups, as may be reasonably determined by the Athletic Director.

In the event Employee earns the Media and Public Appearance Fee but the University terminates Employee’s
employment for its convenience pursuant to Article 6.1.a or Employee terminates employment for convenience pursuant to
Article 6.2, University shall pay Employee the earned Media and Public Appearance Fee. In the event Employee earns the
Media and Public Appearance Fee but the University undertakes a process under Article 6.1.c, the payment of any Media
and Public Appearance Fee shall be delayed pending the outcome of the process and, in the event the process results in
termination of the Employee’s employment for cause pursuant to Article 6.1.c and d, Employee shall forfeit the Media and
Public Appearance Fee.

5.6.b. Annual Retention Payments

Provided that Employee: (a) has served continuously as the Head Men’s Football Coach of the Program during
the time preceding the Retention Payment Date, as defined below, and (b) has not received written notice that he is in
material violation of any rules, regulations, policies, and decisions established or issued by NSHE, the University, and the
NCAA prior to the Retention Payment Date, Employee will receive an annual retention bonus in the amount as set forth
below (“Retention Bonus”). Retention Bonuses shall be earned on date set forth below (the “Retention Payment Date”),
payable within sixty (60) days of such date. The Retention Bonus shall be paid as set forth below:

Retention Date Retention Payment Date Payment Amount

January 15, 2027 March 1, 2027 $100,000
January 15, 2028 March 1, 2028 $200,000
January 15, 2029 March 1, 2029 $200,000



        

5.6.c. Shoe and Apparel Contract

The University may enter into contract(s) with one or more shoe, apparel and/or equipment companies that require
the Program to wear its shoes, its apparel and/or use its equipment during practice and/or competition. All payments or
other consideration from any source related to use of shoes, apparel, equipment or any other product by the Program shall
be made exclusively to the University, and not directly to Employee. Any contracts under this Article 5.6.c that require
payment to the Employee shall be disbursed through the Athletic Department. Such disbursements by the Athletic
Department shall be made within a reasonable period upon receipt of said monies. In no event shall the University be
liable for any payment or disbursement of monies unless and until the University receives said monies for disbursement.
The University shall use reasonable efforts to collect monies owing.

However, Employee may contract independently with a shoe, apparel and/or equipment company for Employee
himself to wear, promote, endorse or consult with the manufacturer, distributor or seller of such products concerning the
design and/or marketing of shoes, apparel or equipment, provided that any such outside employment contract is in writing,
does not conflict with any existing or potential contracts or opportunities of University, is approved in advance in writing by
the Director of Athletics or designee, does not extend beyond the Term, and terminates herewith. Employee shall not enter
into negotiations or preliminary discussions regarding any such independent contract without the prior written consent of
the Director of Athletics or designee, which consent shall not be unreasonably withheld. Employee may agree to directly
receive compensation due under such independent contract only to the extent that the amounts and schedule for
payment/delivery of such compensation is fully and accurately disclosed in the document by which the prior written approval
of the Director of Athletics or designee is requested for Employee to enter into such independent contract.

5.7 Supplemental Compensation - Athletic Performance Payment

During employment as Head Coach of the Program, the Employee shall have the opportunity to earn supplemental
compensation in the amounts and upon the conditions set forth below, based upon the exceptional performance of the
Program’s team and also based upon the team’s participation in post-season games, including the additional services
required of Employee in preparation for and participation in such post-season games (“Athletic Performance Payment”).
The Employee may direct the University to distribute the Athletic Performance Payment that is earned under the provisions
of this Article 5.7, or any part thereof, to the Program’s assistant coaches as supplemental compensation to them upon the
written approval of the Athletic Director.

Beginning in the first year of the employment contract, for each year that the Program’s single year APR is at
the level required by Paragraph 4.2.c.8, the University shall pay the Employee, as additional compensation, per fiscal
year for the Program’s achievement of the following:
Athletic Performance:
a. For coaching in the Conference Championship Game: $25,000.
b. For winning the Conference Championship Game: $50,000.
c. For receiving the Conference Coach of the Year Award or Co-Coach of the Year Award: $25,000.
d. For receiving College Football National Coach of the Year Award*: $100,000.
e. For the team’s participation (or bye) in each College Football Playoffs (CFP) game: $100,000.
f. For winning the CFP National Championship: $100,000.
g. For coaching in any other Bowl Game: $75,000.
h. For ranking in top 25 in ESPN, AP or Coaches Poll: $35,000

*By a nationally recognized poll or association (e.g. AFCA, AP, Sporting News, Bear Bryant, Walter Camp, ESPN,
Eddie Robinson)

Academic Performance:
a. Beginning with the 2025-2026 academic year, for achieving an APR score of 980 or greater: $10,000.



        

b. Beginning with the 2025-2026 academic year, for achieving a team cumulative GPA of 3.0 and above:
$10,000.

The Athletic Performance Payment shall not be earned and payable unless the Program’s single year APR is
achieved and maintained at the minimum level set forth above for the immediately preceding academic year. The Athletic
Performance Payment(s) shall be paid within thirty (30) days of the end of the Program’s season to which the Payment
applies, except those Payments for Academic Performance, which shall be paid within thirty (30) days of the applicable
achievement. In the event Employee earns the Athletic Performance Payment but Employee’s employment is terminated
on or before May 1st of that year, by University for cause pursuant to Article 6.1.c, Employee shall forfeit the Athletic
Performance Payment.

5.8 Opportunities to Earn Outside Income

While employed as Head Coach of the Program, Employee shall have the opportunity to earn outside income as
a result thereof, but only upon the following terms and conditions:

5.8.a. General Provisions Concerning Outside Income

The following general terms and conditions shall apply to each case in which the Employee seeks to or makes
arrangements for activities to earn outside income as a result of being Head Coach of the Program.

5.8.a.1. University Obligations are Primary

Such outside activities shall not interfere with the full and complete performance by the Employee of
Employee’s duties and obligations as a University employee, recognizing always that the Employee’s
primary obligations lie with the University and its students.

5.8.a.2. Laws and University, NCAA and Conference Rules Control

In no event shall the Employee accept or receive directly or indirectly any monies, benefit or any other
gratuity whatsoever from any person, corporation, University booster club or alumni association or other
benefactor if such action would violate: (1) the laws of the State of Nevada; (2) the NSHE Code, any other
provisions of the NSHE Board of Regents Handbook, or rules or policies of the University or its Board of
Regents; or (3) NCAA legislation or the constitution, bylaws, rules and regulations, or interpretations
thereof, or of the Conference, as now or hereafter enacted. Changes or amendments of such laws,
legislation, constitution, bylaws, policies, rules and regulations or interpretations thereof shall automatically
apply to this Agreement without the necessity of a written modification of this Agreement or of notification
to Employee.

5.8.a.3. University Approval is Required

The Employee shall obtain the advance written approval of the University’s President, through the Athletic
Director or supervisor, before entering into any agreements to receive outside income, which approval
shall not be unreasonably withheld.

5.8.a.4. University is Not Liable

ANY ARRANGEMENTS FOR OUTSIDE COMPENSATION AND THE ACTIVITES THEREUNDER ARE
INDEPENDENT OF THE EMPLOYEE’S UNIVERSITY EMPLOYMENT, AND THE EMPLOYEE HEREBY
RELEASES THE UNIVERSITY FROM ANY LIABILITY, DAMAGES OR CLAIMS FOR ANY PAYMENT OF
OUTSIDE COMPENSATION OR FOR ANY CLAIMS ARISING THEREFROM UNDER ANY
CIRCUMSTANCES WHATSOEVER. EMPLOYEE HEREBY EXPRESSLY RELEASES UNIVERSITY, ITS
REGENTS, OFFICERS, EMPLOYEE’S AND AGENTS FROM ANY AND ALL CLAIMS FOR THE LOSS
OF ANY COLLATERAL BUSINESS OPPORTUNITIES OR ANY OTHER BENEFITS, PERQUISITES OR
INCOME RESULTING FROM ANY OUTSIDE ACTIVITIES OF EMPLOYEE.

5.8.b. Commercial Endorsement

Subject to the provisions of Article 5.8.a hereof, the University and the Employee agree that the Employee may
undertake commercial endorsements of products and services in which Employee is identified as the Head Coach of the
Program, but that Employee may not otherwise associate the University’s name with an endorsement and provided that all



        

such endorsements must cease at the termination of this Agreement or at such time as Employee stops serving as Head
Coach of the Program.

5.8.c. Income from Written and Video Materials

Subject to the provisions of Article 5.8.a hereof, the Employee may write and release books and magazine and
newspaper articles, columns or video productions in connection with Employee’s position as Head Coach of the Program.
The Employee agrees to act in a professional manner in all such matters and shall in no way disparage the Nevada System
of Higher Education, the University, their activities, programs, regents, officers, employees or agents.

5.8.d. Summer Camp

Subject to the provisions of Article 5.8.a hereof and subject to the availability of the facilities in question, for so long
as the Employee serves as Head Coach of the Program, the Employee shall have the opportunity to use University facilities
in connection with a summer camp run by the Employee and using Employee’s name, along with Employee’s identification
as the Head Coach of the Program, provided that the University is reimbursed by Employee for its actual and overhead
expenses incurred in making the facilities available, and upon such conditions as may be required from time to time by the
University’s administration. For all camps and/or clinics the Employee may conduct, the Employee shall comply with all
applicable NSHE and child protection policies. In addition, for all camps and/or clinics Employee may conduct, Employee
shall purchase comprehensive general liability insurance with limits set forth by the University and which shall name the
Board of Regents of the Nevada System of Higher Education as an additional insured. Prior to the commencement of such
camps and/or clinics, Employee shall provide the Athletic Director or supervisor with certificates of insurance evidencing
such insurance. The University may waive the insurance requirements if it is determined in the best interest of the University
to conduct the camps and/or clinics through a division or department of the University. Any profits made by the Employee
from this enterprise, after deducting any fees that may be due to the University for conducting the camps and/or clinics
through a division or department of the University, shall be retained by him solely. Employee may direct the University to
distribute this supplemental compensation, or a part thereof, to Employee’s assistant coaches as supplemental
compensation to them upon the written approval of the Athletic Director or Employee’s supervisor. Employee shall hold
harmless and defend University from any and all liability arising from any camp Employee conducts.

5.8.e. Conflict of Interest/Competing Organizations

Employee acknowledges that NSHE and institution Conflict of Interest/Compensated Outside Services Policies
and all related rules and procedures thereunder apply to Employee during the Term. Consistent with such policies,
Employee agrees for the Term not to serve, directly or indirectly, as an employee or otherwise, as a director, personnel
executive, advisor and/or consultant, for any other university athletic program or organization, nor shall he perform athletic-
related services for any organization, league, conference, college, club or group, with or without compensation, without the
prior written consent of the University, which consent can be withheld in the University’s sole and absolute discretion.
During the Term of employment hereunder, Employee shall not make or continue to hold any investment in or be associated
with any enterprise, which could be deemed to be competitive with University’s objectives and philosophies or with the
Athletic Department, without first having obtained the written approval of the University’s President.

5.8.f. Disclosure of Outside Income

In accordance with NCAA regulations, the Employee shall report annually in writing to the President of the
University, through the Athletic Director or Employee’s supervisor, on or before June 30 of each fiscal year, all income from
sources outside the University, including, but not limited to, income from annuities, sports camps, housing benefits,
complimentary ticket sales, television and radio programs and endorsement or consultation contracts with athletic shoe,
apparel or equipment manufacturers or sellers, and the University shall have reasonable access to all records of the to
report outside income directly to the NCAA.

ARTICLE 6 – TERMINATION

6.1 Termination by University

The Employee recognizes that Employee’s promise to remain as Head Coach of the Program through the entire Term is
of the essence of this Agreement to the University. It is also recognized, however, that certain limited circumstances may
make it appropriate for the University to terminate this Agreement prior to the completion of its entire term, as follows:



        

6.1.a. Termination Without Cause

At any time after commencement of this Agreement, University, for its own convenience, may terminate this
Agreement by giving ten (10) calendar days prior written notice to Employee and may immediately place Employee on paid
administrative leave. The provisions of Title 2, Chapter 6, Section 6.5 do not apply to the University’s decision to place
Employee on administrative leave as provided in this Article 6.1.a. The termination shall be effective no earlier than ten
(10) calendar days after receipt of the written notice of termination. If the University terminates this Agreement for
convenience, the University shall pay to Employee, as liquidated damages and not a penalty, the following sum calculated
as of the effective date of termination:

6.1.a.1. Liquidated Damages

Except as set forth in subsections 6.1.a.2, and 6.1.a.3, in the event that University terminates this
Agreement for its own convenience at any time during the Term, University shall pay Employee, as
applicable, as liquidated damages and not a penalty, an amount equal to eighty percent (80%) of the
sum of: (i) Employee’s Base Salary as defined in Article 5.1 of this Agreement and (ii) Employee’s Media
and Public Appearances Fee as defined in Article 5.6.a of this Agreement (partial months prorated),
based on the effective date of termination, excluding all deductions required by law, payable monthly
until the expiration of the Term, or in accordance with a payment schedule agreed upon by the President
of the University and the Employee in writing.

Employee shall be entitled to no other compensation or fringe benefits, except as otherwise required by law.

6.1.a.2. Liquidated Damages as Sole Remedy

The parties have both been represented by, or had the opportunity to consult with, legal counsel in the
negotiations of this Agreement and have bargained for and agreed to the foregoing liquidated damages provision,
giving consideration to the fact that the Employee may lose certain benefits, supplemental compensation, or outside
compensation relating to Employee’s employment with University, which damages are extremely difficult to
determine with certainty. The parties further agree that the payment of such liquidated damages by University is
Employee’s sole remedy and the acceptance thereof by Employee shall constitute adequate and reasonable
compensation to Employee for the damages and injury suffered by Employee because of such termination by
University. The liquidated damages are not, and shall not be construed to be, a penalty.

6.1.a.3. Employee to Make Reasonable and Diligent Efforts to Obtain Employment

Notwithstanding the liquidated damages provisions of this Article 6.1.a, the Employee agrees to mitigate
the University’s obligations to pay liquidated damages by making reasonable and diligent efforts to obtain
employment; such employment includes, but is not limited to, any head or assistant coaching or other athletic
position with, or consulting or other services of any kind provided to, or any volunteer position with, any school,
college, university, professional or semi-professional athletic team or any athletic conference, organization, league
or association, or any sports-related position or volunteer position, or services provided or volunteered to any
sports-related entity, including without limitation any media entity. Failure to reasonably and diligently seek other
employment shall relieve the University of its obligation to pay liquidated damages under this Article. After the
Employee obtains such new employment or volunteer position, the University’s financial obligations under this
Agreement, including payment of liquidated damages, ceases. Employee shall inform the University in writing
immediately upon acceptance of new employment or volunteer position.

6.1.b. Automatic Termination upon Death or Disability of Employee

This Agreement terminates upon the Employee’s death. Notwithstanding any provision of the NSHE Code to the
contrary, in addition to any benefits which may be paid to the estate of the deceased Employee from insurance, retirement
or any other source, the University shall pay to the Employee’s estate the Employee’s salary through the day death
occurred, together with one-twelfth of the Employee’s base salary.

Upon total or permanent disability of the Employee, within the meaning of the University’s disability insurance for
employees, the Employee is required to first use all unused, accrued sick leave and, if applicable, annual leave or other
leave authorized under University policies. Upon the expiration of such leave or the period of six (6) months, whichever
comes last, this Agreement shall automatically terminate and the Employee shall be entitled to benefits as provided by the



        

University’s long-term disability insurance coverage. Benefits provided under this Article are calculated on the Base Salary
as set forth in Article 5.1 of this Agreement.

6.1.c. Termination by University for Cause

The University shall have the right to terminate this Agreement for cause at any time. In the sole reasonable judgment of
the University, the term “cause” shall include, any of the following:

1. Insubordination, including but not limited to, failure to follow instructions from the Athletic Director or designee
consistent with the terms of this Agreement, failure to comply with Athletic Department policies and procedures,
failure to perform material duties and responsibilities of Head Coach as specified in this employment agreement
or as reviewed, assigned, and revised in accordance with Article 4.2 of this Agreement;
2. Deliberate and serious violations, of the duties outlined in Article 4.2 of this Agreement or refusal or
unwillingness to perform such duties in good faith and to the best of the Employee’s abilities;
3. Any conduct of the Employee in violation of any criminal statute of moral turpitude;
4. A serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or
interpretation of the University, the Nevada System of Higher Education, the NCAA or the Conference, which
violation may, in the sole reasonable judgment of the University, reflect adversely upon the University or its
Athletic Department, including any violation which may result in the University being sanctioned by the NCAA
or the Conference, and including any violation which may have occurred during prior employment of the
Employee at another NCAA member institution;
5. A serious or intentional violation of any law or of any policy, rule, regulation, constitutional provision, bylaw or
interpretation of the University, the NCAA or the Conference, by Employee or student athletes in the Program,
which violation may, in the sole reasonable judgment of the University, reflect adversely upon the University or
the programs of its Athletic Department. This shall include, without limitation, any violation which may result
in the University being sanctioned by the NCAA or the Conference, any may also include any violation which
may have occurred during prior employment of the Employee at another NCAA member institution;
6. Conduct of the Employee which, in the sole reasonable judgment of the University, is seriously prejudicial to
the best interests of the University or its Athletic Department, or which violated the University’s mission;
7. Any behavior that brings Employee or University into public disrepute, contempt, scandal or ridicule or any
behavior that would bring disfavor to the reputation or ethical standards of NSHE or the University;
8. Prolonged absence from duty without the written consent of the Athletic Director or designee;
9. Failure to take appropriate steps to achieve and maintain the minimum APR in any academic year as required
by Article 4.2.c.8, including Employee’s failure to require all athletes on the Program’s team to follow all
academic procedures established by the Athletic Department, and also including failure to propose and
implement a written plan of action to achieve the minimum APR for the next academic year if the said minimum
APR is not achieved in any academic year;
10. Breach of this Agreement;
11. Any cause adequate to sustain the termination of any other University employee under the provisions of NSHE
Code, Title 2, Chapter 6; and/or
12. Overall unsatisfactory rating in the Employee’s annual personnel evaluation for two (2) consecutive years.

6.1.d. Determination of Cause and Employee’s Right to University Hearing

Notwithstanding any provisions of the NSHE Code, including but not limited to Title 2, Chapter 6, if in the sole
reasonable judgment of the University, the Employee is found to be in violation of Board of Regents, University, NCAA or
Conference rules and regulations, or provisions of this Agreement, including, but not limited to, the prohibitions set forth in
Article 6.1.c hereof, while employed by the University, Employee may be terminated for cause. The Athletic Director shall
provide a written recommendation to the President of the University that Employee’s be terminated for cause. The
Employee shall be given a copy of the written recommendation, the opportunity to respond in writing and the opportunity
for a meeting with the President prior to termination. With the approval of the President, the Athletic Director may
immediately place Employee on paid administrative leave pending the President’s determination regarding cause. The
provisions of NSHE Code Title 2, Chapter 6, Section 6.5 do not apply to the decision to place Employee on administrative
leave as provided in this paragraph.

The written recommendation to the President must describe the circumstances of the alleged prohibited conduct,
the alleged violations, and may include any materials or documentation in support of the charges. Employee shall be



        

provided a copy of the Athletic Director’s written recommendation to the President, and within three (3) calendar days after
receipt of the written recommendation, may submit a written response, with any supporting materials or documentation to
the President and to the Athletic Director. Thereafter, the Athletic Director may submit a written reply to the President and
the Employee within three (3) calendar days after receipt of the Employee’s written response. The meeting with the
President shall take place no later than two (2) calendar days after the Athletic Director submits any written reply. The
President has sole and absolute discretion to extend any of these time periods. The Athletic Director shall attend the
meeting between the Employee and the President. Employee may have an advisor present at the meeting with the
President, but the advisor may not participate actively in the meeting. If Employee chooses to have an advisor present,
the Athletic Director may also have an advisor present although the advisor may not participate actively in the meeting.

The President shall issue a written decision within a reasonable time after the meeting with the Employee. The
decision of the President is final and not subject to any appeal, grievance or reconsideration. Employee acknowledges
and agrees that the administrative process provided herein constitutes legal due process, and that no further administrative
process in connection with Employee’s termination for cause is required.

Notwithstanding any provision of the NSHE Code to the contrary, the written decision of the President terminating
Employee pursuant to this Article 6.1.d may be considered public and may be released by University to the media or any
other third party. Employee expressly agrees that, notwithstanding any NSHE Code provision to the contrary, the University
shall be permitted to comment publicly regarding termination pursuant to this Article 6.1.d (including through public
statements, press release, press conferences and in response to any public statements made by the Employee).

Employee further understands and agrees that in the event a termination is subsequently reversed or determined
to be unfounded by a court of competent jurisdiction, the University has the right, in its sole and absolute discretion, to
convert Employee’s termination to a termination without cause in accordance with Article 6.1.a hereof.

6.1.e. University’s Obligations Upon Termination for Cause

In the event this Agreement is terminated for cause in accordance with the provisions of Article 6.1.c and d hereof,
as of the effective date of such termination, all of the University’s obligations to the Employee under this Agreement
subsequent to that date shall cease. In no case shall the University be liable to the Employee for the loss of any collateral
or outside business opportunities or any other benefits, perquisites or income resulting from activities such as, but not
limited to, camps, clinics, media appearances, apparel or shoe contracts, consulting relationships or from any other source
whatsoever.

6.2 Termination by Employee

6.2.a. Termination for Convenience of Employee

The Employee understands that Employee’s promise to remain employed as Head Coach for the entire Term is of
the essence of this Agreement to the University. The Employee also understands that the University is making a highly
valuable investment in Employee’s continued employment by entering into this Agreement and that its investment would
be lost were Employee to resign or otherwise terminate employment with the University prior to the expiration of this
Agreement. In recognition of these understandings, the parties agree that while the Employee may, nevertheless, terminate
this Agreement prior to its normal expiration, such termination shall be only upon the following terms and conditions:

6.2.a.1. Written Notice of Termination

The Employee, for Employee’s own convenience, may terminate this Agreement during its term by giving
prior written notice to the University. Such termination shall be effective no earlier than ten (10) calendar
days after receipt of the written notice unless otherwise agreed to by the parties in writing. Such termination
by the Employee must occur at a time outside the Program’s team’s playing season and recruiting contact
periods, as defined by the NCAA, so as to minimize the impact of such termination upon the Program.

6.2.a.2. Liquidated Damages

If the Employee terminates this Agreement for convenience, all obligations of the University shall cease
as of the effective date of the termination except for compensation, benefits, bonuses and
reimbursements earned, due, vested or accrued up to and including the effective date of termination. If
the Employee terminates this Agreement for convenience to accept a head coach position either at any



        

other institution or for a professional football team, then upon termination of this Agreement for
convenience by the Employee, the Employee or Employee’s designee shall pay to the University, as
liquidated damages and not a penalty, the sum prescribed by the applicable chart below as of the
effective date of termination. Such amount shall be payable to the University in quarterly installments
over the first twelve (12) months following any such termination, with the first installment being due thirty
(30) days following the date of termination. For the avoidance of doubt, the parties agree that no
liquidated damages shall apply if the Employee terminates this Agreement for convenience to accept
employment as an assistant coach at another institution or professional football team.

Power 4/NFL Head Coach Buyout

Period Date of Termination Coach Buyout for *Power

4/NFL Head Coach Position

1 Effective Date – December 1, 2025 $7,000,000 Buyout

2 December 2, 2025 – December 1, 2026 $6,000,000 Buyout

3 December 2, 2026 – December 1, 2027 $5,000,000 Buyout

4 December 2, 2027 – December 1, 2028 $4,000,000 Buyout

5 December 2, 2028 – December 1, 2029 $3,000,000 Buyout

Non-Power 4 Head Coach Buyout

Period Date of Termination Coach Buyout for Non-Power

4 Head Coach Position

1 Effective Date – December 1, 2025 $5,000,000 Buyout

2 December 2, 2025 – December 1, 2026 $4,000,000 Buyout

3 December 2, 2026 – December 1, 2027 $3,000,000 Buyout

4 December 2, 2027 – December 1, 2028 $2,000,000 Buyout

5 December 2, 2028 – December 1, 2029 $1,000,000 Buyout




        

*“Power 4” shall mean any institution that participates, as of the effective date, in the Atlantic Coast
Conference, Big Ten Conference, Big Twelve Conference, or Southeastern Conference plus Notre
Dame and thereafter the New Pac 12.

6.2.a.3. Not a Penalty

The parties have both been represented by, or had the opportunity to consult with, legal counsel in the
negotiation of this Agreement and have bargained for and agreed to the foregoing liquidated damages
provision, giving consideration to the fact that the University will incur administrative and recruiting costs
in obtaining a replacement for Employee, that the University will lose the benefit of its investment in the
Employee, and that the University may face potentially increased compensation costs if Employee
terminates this Agreement for convenience, all of which amounts are extremely difficult to determine
with certainty. The parties further agree that the payment of such liquidated damages by Employee is
University’s sole remedy and the acceptance thereof by University shall constitute adequate and
reasonable compensation to University for any and all damages and injury suffered by it because of
such termination by Employee. The liquidated damages are not, and shall not be construed to be, a
penalty.

6.2.b. Effect of Termination by Employee

If the Employee terminates this Agreement prior to its expiration pursuant to Article 6.2.a, all compensation and
other obligations owed by the University to the Employee under this Agreement will be terminated on the effective date
of the Employee’s termination, except such sums as are earned by and are still owing to the Employee prior to the
effective date of the Employee’s termination. The provisions of this Article 6.2 shall be without prejudice to any right the
University may have under applicable law.

In no case shall the University be liable to the Employee for the loss of any collateral business opportunities or
any other benefits, perquisites or income resulting from activities such as but not limited to camps, clinics, media
appearances, apparel or shoe contracts, consulting relationships or from any other sources whatever, that may ensue
as a result of the Employee’s termination of this Agreement.

ARTICLE 7 – RESTRICTIVE COVENANTS

7.1 Confidential Information

The parties agree that in the course of employment, Employee will have access to confidential information
regarding the Athletic Department and its programs, including donor lists and donor information, which could be used by
other institutions to place the Program’s team at a competitive disadvantage. Employee shall not provide, and is
prohibited from providing, any such confidential information to other institutions, their coaches, employees, student
athletes, agents or representatives.

7.2 Other Employment Opportunities

The parties agree that should another coaching opportunity be presented to the Employee or should the
Employee be interested in another position as a coach at any institution of higher education which is a member of the
NCAA or the NAIA, or any team participating in any professional league or conference in the United States or elsewhere,
requiring the performance of duties prior to the expiration of the Term or any extension hereof, the Employee shall
immediately notify the Athletic Director in writing of such opportunity or interest.

ARTICLE 8 – MISCELLANEOUS

8.1 Assistant Coaches

Subject to such limitations as may be imposed from time to time by the NCAA or the Conference, the University
shall provide the Program with up to the maximum permissible number of assistant coaches. The Employee shall have
the authority to recommend the hiring and termination of assistant coaches for the Program, subject to the review of the
University’s Affirmative Action Officer and the Athletic Director and the approval of the President of the University, as the

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University’s appointing authority, or the President’s designee. All assistant coaches shall be University employees. It is
understood that, except as may be provided in any other written employment agreement, assistant coaches are
immediately responsible to the Employee, who will assign the duties of each of the assistant coaches, and that the
Employee is responsible for the activities of such assistant coaches as those activities relate to the educational purposes
and the athletic interests of the University. It is further understood, however, that the Employee and assistant coaches
are additionally responsible to the Athletic Director for compliance with the policies of the University, including its Athletic
Department, with the rules and regulations of the NCAA and the constitution, bylaws, rules, regulations, and all official
interpretations thereof, and the rules and regulations of the Conference, as may be in effect from time to time.

8.2 Other Remedies

Except as otherwise provided in this Agreement, the Employee shall be entitled to use the grievance procedures
established by the University Bylaws for the resolution of disputes under this Agreement.

8.3 Choice of Law and Venue

It is the intent of the parties hereto that this Agreement shall be governed by and construed in accordance with
the laws of the State of Nevada and the laws of the State of Nevada shall govern the validity, performance and
enforcement of this Agreement. Any and all disputes arising out of or in connection with this Agreement shall be litigated
in a court of competent jurisdiction in Clark County, State of Nevada, and the parties hereby expressly consent to the
jurisdiction of said court.

8.4 Assignment of Agreement

The Employee’s rights and interests under this Agreement may not be assigned, pledged or encumbered by the
Employee.

8.5 Merger Clause

THIS AGREEMENT CONSTITUTES THE FULL AND COMPLETE UNDERSTANDING OF THE PARTIES
WITH RESPECT TO THE EMPLOYMENT OF THE EMPLOYEE BY THE UNIVERSITY AND SUPERSEDES ALL
PRIOR UNDERSTANDING AND AGREEMENTS, ORAL OR WRITTEN, REGARDING THE EMPLOYEE’S
EMPLOYMENT BY THE UNIVERSITY.

8.6 Amendments to Agreement

This Agreement may be amended at any time only by a written instrument duly approved by the University,
through its designated representative, and the Employee.

8.7 Severability

If any provision or provisions hereof shall be deemed invalid or unenforceable, either in whole or in part, this
Agreement shall be deemed amended to delete or modify, as necessary, the offending provision or provisions or to alter
the bounds thereof in order to render it valid and enforceable.

8.8 No Waiver of Default

No waiver by the parties hereto of any default or breach of any covenant, term or condition of this Agreement
shall be deemed to be a waiver of any other default or breach of the same or any other covenant, term or condition
contained herein.

8.9 Acknowledgement

The Employee acknowledges that Employee has read and understands the foregoing provisions of this
Agreement and that such provisions are reasonable and enforceable and Employee agrees to abide by this Agreement

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and the terms and conditions set forth herein. Employee acknowledges having had the opportunity to consult with
counsel of Employee’s choice regarding the provisions of this Agreement prior to signing it.

8.10 Indemnification of University

The Employee agrees to hold harmless and indemnify the University from any and all suits, claims, demands,
damages, liability, costs and expenses, including attorneys’ fees and costs, arising out of the Employee’s performance
of acts outside the scope of this Agreement, or for acts in pursuit of outside income as permitted by this Agreement,
except such suits, claims or demands in which the Employee seeks to compel the University to comply with its obligations
hereunder or in which the Employee seeks to enforce any remedies Employee may have hereunder. This Article 8.10
shall survive the termination for any reason of this Agreement.

8.11 University Retains All Materials and Records

All materials or articles of information including, without limitation, personnel and student athlete records,
recruiting records, team information, films, statistics or any other material or data, furnished to the Employee by the
University, developed by the Employee on behalf of the University or at the University direction or for the University’s
use, or otherwise in connection with the Employee’s employment hereunder, are and shall remain the sole property of
the University. Within two (2) calendar days after the Employee ceases to serve as Head Coach of the University’s
Program, after the expiration of the Term, or after this Agreement’s earlier termination as provided herein, the Employee
shall immediately cause any such materials in Employee’s possession or control to be delivered to the University. In
addition, the Employee shall relinquish possession of any automobile(s) provided under Article 5.4 of this Agreement in
accordance with the terms of the related vehicle loan program and/or agreement. This Article 8.11 shall survive the
termination for any reason of this Agreement.

8.12 Employee Will Not Incur University Indebtedness

It is mutually agreed and understood that the Employee shall not incur any indebtedness for or on behalf of the
University without first securing the approval of the Athletic Director.

8.13 Government Immunity Not Waived

It is expressly agreed and understood between the parties that the University is an entity of the State of Nevada
and that nothing contained herein shall be construed to constitute a waiver or relinquishment by the University of its right
to claim such exemption, privileges and immunities as may be provided by law.

8.14 Notice

Any notice or communication which may or is required to be given under this Agreement shall be in writing and
shall be deemed to have been given on the earlier of either the day actually received or on the close of business on the
third business day next following the day when deposited in the United States Mail, postage prepaid, registered or
certified, addressed to the party at the address set forth at its name below or such other address as may be given by
such party in writing to the other:

If to the Employee:

With a copy to: Daniel Mullen

If to the University:

Director of Intercollegiate Athletics

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University of Nevada, Las Vegas

Department of Intercollegiate Athletics
4505 Maryland Parkway
Las Vegas, Nevada 89154-0001

8.15 Applicability of Nevada System of Higher Education Code

Except as expressly stated herein, this Agreement is subject to the provisions of the Nevada System of Higher
Education Code, Title 2 of the NSHE Board of Regents’ Handbook, as may be amended from time to time during the
Term.

8.16 Captions

All captions in this Agreement are included for convenience only and do not constitute, nor are incorporated in,
the terms and conditions of this Agreement.

[SPACE INTENTIONALLY LEFT BLANK]

[SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement or caused this Agreement to be
executed, effective the day and year first written above, the Employee acknowledging that Employee has had an
opportunity to review this Agreement with Employee’s attorney.

BOARD OF REGENTS OF THE NEVADA SYSTEM OF EMPLOYEE: DANIEL MULLEN

HIGHER EDUCATION, ON BEHALF OF THE
UNIVERSITY OF NEVADA, LAS VEGAS

By: ___
By:
President
Daniel Mullen



 


Date: _ 

 


Date:

By:
Director, Intercollegiate Athletics



 


Date:

By:
General Counsel



 


Date:

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