The contract for Texas A&M defensive coordinator Mark Snyder
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COACH' S EMPLOYMENT AGREEMENT
THIS
is
AGREEMENT
April
effective
made
1,
2013,
by
between
and
TEXAS
A& M
UNIVERSITY (" UNIVERSITY"), and Mark Snyder (" EMPLOYEE") for and in consideration of the
mutual covenants and agreements of the Parties hereinafter set forth, it is agreed as follows:
promises,
The UNIVERSITY hereby employs and the EMPLOYEE hereby accepts employment
1.
with the Athletic Department of the
in the capacity of Assistant Football Coach ( Defensive Coordinator)
UNIVERSITY for the period beginning April
1, 2013,
and ending March
31, 2016;
subject,
however to
prior termination as hereinafter provided.
2.
The duties of the EMPLOYEE shall include those tasks which may be from time to time
by immediate supervisory personnel within the Athletic Department or by the Director of
all prescribed duties
Athletics of the UNIVERSITY (" Director"). The EMPLOYEE shall perform
immediate
direction of
supervisory
subject to the provision and pursuant to the orders, advice, and
prescribed
personnel and the Director.
3.
ability,
faithfully and to the best of the EMPLOYEE's
and talent, perform all of the duties that may be required of or from the EMPLOYEE,
The EMPLOYEE shall at all times
experience,
pursuant to the express or implicit terms hereof, to the reasonable satisfaction of the UNIVERSITY and
in such manner as to bring credit to
the UNIVERSITY. The EMPLOYEE shall serve at the pleasure of
immediate supervisory personnel and the Director.
imposed in College Station, Texas, and at such other
faith require, or as the interests,
needs,
The EMPLOYEE shall perform the duties herein
place or places as the UNIVERSITY shall in good
and opportunities of the UNIVERSITY shall require or make
advisable.
4.
The EMPLOYEE agrees that as a condition of employment hereunder EMPLOYEE
will not:
a)
engage in criminal or morally
reprehensible conduct.
b) publicly endorse any political figure or cause, whether on the national, state, or local
level.
or appear on any radio or
c) engage in any business transactions or commerce,
the
television programs, which may bring undue criticism or discredit to
UNIVERSITY,
d)
engage
in,
or
support,
by-law,
constitution,
have not been first approved by the Director.
knowingly tolerate any action violative of any
and which
rule,
or
regulation
of the SEC
or
governing
the National Collegiate
Athletic Association ( NCAA).
e)
comply
the terms
with
and
conditions
of the Texas A& M
University All-Sport
Agreement with adidas America dated June 2, 2007, and with any
other contract
UNIVERSITY with a shoe, apparel or equipment manufacturer
into by the
or seller which requires the UNIVERSITY' s football team to wear its shoes, apparel
EMPLOYEE to wear, promote,
or equipment during competition or requires
entered
endorse
or
consult
marketing of such
5.
regulation,
with the
manufacturer
or
seller
concerning the design
and/ or
shoes, apparel or equipment.
I
In accordance with the UNIVERSITY policies and procedures and pursuant to NCAA
should
EMPLOYEE
EMPLOYEE may be
6.
suspended,
be found to be involved in
repetitive
violations,
to pay, and the EMPLOYEE agrees to accept from the
services herein prescribed, compensation at the rate of $700, 000
agrees
in full payment for the
annually through March 31, 2016, payable
Synder Agreement 2013
or
with or without pay or may be terminated from employment.
The UNIVERSITY
UNIVERSITY,
significant
in monthly installments beginning
with the Effective Date. In
Page 1
foregoing compensation,
entitled to all benefits, including vacation
addition
and
of
the UNIVERSITY
to the
like privileges, excluding tenure,
rank
commensurate
compensation may
length
and
time,
disability
that the EMPLOYEE
agrees
insurance,
be
shall
worker's compensation, sick
leave,
which are customarily afforded to employees of the UNIVERSITY
of
like term
of
and
service,
EMPLOYEE' s
appointment.
of
be adjusted upwards at the discretion of the Director.
The EMPLOYEE agrees to accept responsibility for the below enumerated benefits,
benefits.
in so doing, agrees to abide by UNIVERSITY policies regarding such
7.
a)
and
The use of a departmental trustee car or a car allowance through the car program of
the Athletic Department.
b) Participation in the cell phone allowance program.
e)
8.
Texas.
A club membership at one country club located in Brazos County,
The EMPLOYEE may receive incentive payments as follows:
a)
Four percent of annual salary if the football team plays in the SEC Championship
football game. -
b) If the football team plays in:
i) any bowl other than the Cotton, Capitol one, Outback or Chick-Fil-A,
percent of annual salary; OR
seven
ii) the Cotton, Capital One, Outback or Chick-Fil-A bowl, ten percent of annual
iii)
salary; OR
a BSC bowl
or
national
championship
game,
of
percent
sixteen
annual
salary.
9.
The UNIVERSITY shall have the right and option to either
period of time without pay or
extension thereof, if-.
suspend
EMPLOYEE for a
terminate this Agreement before the expiration of its stated term,
fail to fulfill any duty
a)
The EMPLOYEE
b)
The EMPLOYEE shall breach any covenant,
shall
or any
herein prescribed to the reasonable
satisfaction of the Director.
term, or condition imposed under the
terms of this Agreement.
c)
The EMPLOYEE shall become permanently disabled
or mental
disability, disease,
the
render
EMPLOYEE
because of sickness,
physical
or any other reason which may reasonably appear to
unable
to
the
complete
duties
EMPLOYEE' s
and
obligations under this Agreement.
d) The EMPLOYEE
is
unable
or
unavailable
to
perform
any
duty
his/her
of
employment as a result of accepting other employment prior to the end of the term of
this Agreement.
e)
The
UNIVERSITY' s
Head
Football
UNIVERSITY without cause, dies,
Coach
terminates
or is terminated for cause by
If the UNIVERSITY shall terminate this Agreement in
shall not thereafter be liable for the payment of any salary
employment
with
UNIVERSITY.
accordance with the above, it
or other additional compensation
end of the month of such termination, except that in the event of a termination under 9 (
following the
e)
above the
UNIVERSITY shall pay to EMPLOYEE, and EMPLOYEE agrees to accept as liquidated damages an
amount equal to his monthly salary for period of no longer than ninety days less any offset for any
outstanding amounts
owed
by EMPLOYEE
to UNIVERSITY, e. g., travel advances.
loom"
Synder Agreement 2013
Page 2
10.
The UNIVERSITY shall
of the Term or any
have the right to terminate this Agreement before the expiration
extension thereof, without cause.
Termination without cause shall mean termination
of this Agreement on any basis other than those set forth in Paragraph 9 above.
shall be effected
Termination without cause
by delivering to EMPLOYEE written notice of the UNIVERSITY' s intent to terminate
this Agreement without cause effective on a date set forth in such notice, such date shall not be earlier
than forty-five ( 45) days from the posted date of such written notice or from the date of delivery to
EMPLOYEE if the UNIVERSITY personally delivers such notice. If the UNIVERSITY exercises its
right under this section to terminate without cause, EMPLOYEE shall be entitled to damages as provided
for in Paragraph 10( a) below.
a)
If the UNIVERSITY terminates this Agreement without cause prior to its expiration,
extension thereof, in accordance with Paragraph 10 above, the UNIVERSITY
shall pay to EMPLOYEE, and EMPLOYEE agrees to accept as liquidated damages
or any
an
amount
equal
month
per
his
to
monthly
in the
salary
EMPLOYEE is terminated, for each month or portion thereof ( pro- rata)
date of termination
effective
the
until
expiration
year
contractual
from the
The liquidated
of the Term.
damages amount shall be paid monthly commencing on the first day of the
month
in
which the termination date occurs and continuing on the first day of each succeeding
month until the date the Term would have ended as specified in Paragraph 1 above.
The UNIVERSITY' s obligation to pay such liquidated damages shall be subject to
duty
EMPLOYEE' s
to
Paragraph 10( a) hereof.
benefits
at
mitigate
the UNIVERSITY' s
in
EMPLOYEE will be entitled to continue such insurance
EMPLOYEE' s
own
expense
as
required
EMPLOYEE will not otherwise be entitled to any
described in Paragraphs 6, 7 and 8 hereof.
i)
specified
as
obligation
by
permitted
or
employment
law, but
other
or
benefit
While the UNIVERSITY' s obligation to pay liquidated damages remains in
effect
pay
EMPLOYEE agrees to mitigate the UNIVERSITY' s obligation to
liquidated
damages
10( a)
Paragraph
under
hereof
to
and
make
diligent efforts to obtain employment as soon as possible after
reasonable and
termination of this Agreement by the UNIVERSITY pursuant to Paragraph
10( a)( i) hereof. Employment will mean,
without
limitation, working as an
as a consultant, as a self-employed person,
for another employer,
or as an independent contractor. It is agreed that the liquidated damages paid
UNIVERSITY pursuant to Paragraph 10( a) hereof shall be offset or
employee
by the
reduced on a quarterly
either
directly
basis by the compensation earned by
through
or
EMPLOYEE, from
such
business
employment.
compensation shall mean, without
or wages paid
an
by an
limitation,
employment,
employment,
complete
details
EMPLOYEE,
by
controlled
of this
purposes
subsection,
income from base salary
gross
consulting fees, honoraria, or fees received as
While the UNIVERSITY' s obligation to pay
liquidated damages remains in effect,
existing
For
or
owned
employer,
independent contractor.
accepting any
entities
of
within
fourteen ( 14)
or receiving any increases
calendar
days after
in compensation from
EMPLOYEE shall provide the UNIVERSITY with
EMPLOYEE' s
compensation
package.
Should
EMPLOYEE fail or refuse to notify the UNIVERSITY of EMPLOYEE' s
employment
and
the details of EMPLOYEE' s
EMPLOYEE
giving
UNIVERSITY' s
fourteen ( 14)
obligation
to
calendar
continue
compensation,
days
paying
written
liquidated
then
after
notice,
damages
the
to
EMPLOYEE shall cease.
Synder Agreement 2013
Page 3
be lost were EMPLOYEE to resign or otherwise terminate his employment with the UNIVERSITY
prior to the expiration of the Term of this Agreement. While recognizing these agreements and this entire
terminate this Agreement prior to its
Agreement, the parties agree that EMPLOYEE may nevertheless,
normal expiration
but only upon the following terms and conditions:
a)
EMPLOYEE
during its Term by giving the
days advance written notice of the termination of his
Agreement
this
terminate
may
UNIVERSITY forty-five ( 45)
employment with the UNIVERSITY.
b)
Should EMPLOYEE terminate this Agreement without cause before April 1,
EMPLOYEE agrees to pay to UNIVERSITY, and UNIVERSITY agrees to
2015,
accept
as liquidated damages, $ 100, 000.
c)
Should EMPLOYEE terminate this Agreement without
cause
through the end of the Term, the EMPLOYEE shall pay to
UNIVERSITY
calculation
agrees
to
accept
in which $ 100,000
as
liquidated damages
an
on
April 1,
2015,
UNIVERSITY,
amount
and
based upon
a
is multiplied by a fraction in which the denominator is
12 and the numerator is the number of months remaining in the Term. For example if
the agreement
would
is terminated with six months remaining in the Term the calculation
be $ 100, 000 x 6/ 12 = $ 5000.
d) EMPLOYEE may
Term at anytime to accept
terminate this Agreement during its
employment as a Division I Head Football coach without any payment of liquidated
damages.
This Agreement
12.
supersedes
manuals
constitutes
any prior understanding
or
guidelines
of the
the
or written
entire
or
oral
and
only
agreement
agreements
UNIVERSITY regarding the
between the Parties
and
between the Parties or any policy
subject matter
hereof, the EMPLOYEE
privileges and entitlements thereunder. This Agreement
expressly waiving and relinquishing all rights,
may
be altered only by a
of any
default or breach of any
waiver
of any
other
by both Parties. No waiver by the Parties
or condition of this Agreement shall be deemed to be a
subsequent written agreement signed
covenant,
breach of the
same
term,
or
any
other
covenant,
term
or
condition
contained
herein.
Nothing in this Agreement shall be construed as waiver or relinquishment by the UNIVERSITY of its
right to claim such privileges and immunities as may be provided by law. The rights of employment
granted
herein constitute all terms of employment and rights to such employment.
13.
The EMPLOYEE
shall
ability, and
The EMPLOYEE
devote the EMPLOYEE's entire productive time,
attention to the business of the UNIVERSITY during the term of this Agreement.
commercial,
shall not directly or indirectly render any services or work of a business,
for compensation or otherwise,
nature to any other person or organization whether
or professional
without prior written
consent of the Director.
14.
In the event of a breach of this Agreement by the EMPLOYEE resulting in damages to
the UNIVERSITY, the UNIVERSITY may
may be
sustained,
recover
from the EMPLOYEE all damages and costs that
including reasonable attorney's fees.
In case any one or more -of the provisions contained in this Agreement shall, for any
in any respect, such invalidity, illegality, or
reason, be held to be invalid, illegal, or unenforceable
provision hereof, and this Agreement shall be construed as if
unenforceability shall not affect any other
has never been contained herein.
and
unenforceable
provision
such invalid, illegal,
15.
16.
This Agreement shall be governed by and
construed
in accordance with the laws of the
State of Texas.
EMPLOYEE shall abide by all institutional and system requirements concerning prior
for income from a source other than the institution and shall annually report, as required by
but not
regulations, all athletically related income from sources outside the institution ( including,
17.
approval
NCAA
Synder Agreement 2013
Page 4
limited to, income from annuities; sports camps; housing benefits; complimentary ticket sales; television
and radio programs; and endorsement or consultant contracts with athletics shoes, apparel or equipment
manufacturers) through the Director to the President.
EMPLOYEE may not be compensated by an individual or commercial business outside
of the University for employment or assistance in the production, distribution or sale of items, including
but not limited to, calendars, pictures, posters, advertisements, cards, etc. bearing the names or pictures of
18.
student- athletes.
21.
EMPLOYEE
22.
EMPLOYEE shall not accept compensation or gratuities for scheduling athletic contests
prior to receiving approval from the Director,
compensation or gratuities ( excluding institutionally administered funds) from an athletics shoe, apparel
or equipment manufacturer in exchange for the use of such merchandise during practice or competition by
the University's student- athletes.
shall
not
accept,
or individual meet participation with another institution or a sponsor of athletic competition. This
specifically precludes the acceptance of compensation or gratuities from other institutions, schedule
brokers or agents, and television networks or syndications.
23.
EMPLOYEE shall not accept compensation or gratuities for representing a professional
sports organization as a coach or scout, in the negotiation of a contract, or for the performance of other
services that invoke the observation of or,contact with athletic talent.
IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures.