O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 255

Defendant NCAA's Notice of Motion and Motion to Admit Exhibits by National Collegiate Athletic Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Proposed Order)(Miller, Jeslyn) (Filed on 6/27/2014) Modified on 6/30/2014 (cpS, COURT STAFF).

EXHIBIT D

~-··

. -

~:::Jrl

1

T H E

·W

0

R l

D

W

I

D

E

l

E A

D

E R

As of June 4, 1999

I

N

SPORTS

Mr. Roy Kramer
Southeastern Conference
2201 Ci"vic Center Blvd.
Birmingham, AL 35203
Dear Roy,
_We are pleased to confirm the general terms of a new agreement between
the SEC and ESPN for the exclusive national "nonstandard television" coverage
rights to SEC football and basketball for the eight academicyears beginning in
2001-02 and concluding in 2008-09. This is a legally-binding contract.. After its
execution, we intend to enter into a long-form document mor~ definitively stating
the various details of our agreement. Until such time, this letter, together with the
provisions of our current agreement not changed by this letter, will constitute our
agreement.
1.

Term ~ 2doYt:IU:ou_,. fr'2oos-Joot1Jail~seasons

·2oot-:-O:z,_throu. h 2008-09

-~:~~~!?~IC¥~q~-ctri~ii~iirid·~g~Mnii{d ·orYril~ic~~~~"ih~ -~i~:~f this

agteemeri.tbyboth parties will extinguish ESPN's 2001-2002 renewal option in our
prior agreement dated as of May 31, 1994.
.

2.
General Scope - ESPN will have exclusive national "nonstandard
television" (e.g., cable~ DBS and all other means and media other than over-air
. broadcast television) coverage rights to SEC football and men's basketball, plus
such coverage of certain v;omen's basketball and Olympic sports and
international and ancillary rights as detailed below. Notwithstanding the
foregoing, the SEC and its member institutions retain their rights to exploit rad\o
nghtS and limited re-distribution rights as specified in this agreement (e.g.,
limited Internet distribution rights, butnot involving live or simulated live
telecasts of games). ESPN has not entered into, and will not during the term of
this agreement, enter into ariy agreement with another conference containing lessrestrictive terms regarding local Reairs or Internet usage than thoSe imposed on
the SEC in this agreement.

f:,t-'N.I<1C.

ESPN Plaza

Bristol. CT 06010

The University Athletic Association, Inc.

0000387

Tel: 860-766·2000

FLORIDA000381

2110-1

Southeastern Conference
As of June 4, 1999
Page2

3.

C

'i

-

,._;':

Football
' -::·';_..,_.,.,-,':[:~ ·_;:ri:fj:::;-1~>- "(:'\-t·":.;i_.{

:J

0

rr~~(\ -

•

.
3.1
Number of Games .
.::....:...!===--==-===..-"' ESPN·.nasJlie1f~nTto"a ililiilirfUm. _-of.120 .
-· -?."~~~\.-~~;;:~-: J .~---.-~1"~~,:~-~1}.~:~¥.~:~-~10'--- ::~. _: and a maximum of 144 SEC intraconference artdffomidntercoflference football
games 'dunng the eight years covet~dlJy ~sagreemerj,t. Of these, a .~urn 9f
~igl}t gam~ per year in the 20(fJ. ·tJu'o~gJ:l20q4 se~SOI1S ,will be telecast on the
.
EsPN network In each of the 2.~05,_~o~gh 2oo$ seasons, ~~HlJlJ,~f:!~:Ye,~
games (not including Thursday nighttelecasts)Will be televised on ESPN; as long
as ESPN2 penetrates a minim~ofseyenty~tWo mpli9n :tJ.S. ~elevision
hoUseholds and eighty-five 'percent (85%) ofsuch househo~ds-then receiving
ESPN (according to Nielsen inform~tion oi another ,re~evant iridustry_ standard
then reued ·upon by ES~N in the r~~ular. co~se of its b~iness); in
of t.he 20050B'seasons thcitsuch threshold is'not'reaChed>a I$1imuin ofeig11t games in any
so:-affected season Will be telecast on ESPN. .
..
.
.

ariy

3.2
Selection Procedures .~_Consistent with past.practices, ESPN
will have the fourth, clghthartd tentl:l game _selectlollS arinua,lly in a, "Draft"
conducted from arltong all &ru:n~s on. the.SEC schedPJe~ ·Til~ Dia,ftwill be
.conducted according to the same tim{fr~e {i.e., each
sb,oUld OCCur on
approximately December 15 but not 1<1tei than January 10
to each season)
and procedures (i.e., CBS wi1111av~ ''Dr:aft Picl<s" on~! tw~,t:1}p~~~ five, six, seven
and nine in ilie Draft, and ESPN will have· ~·praft Picks;' four, eight ,and ten) that
. apply to our current agieeni.ent. Atleast one of CBS's top t:J:ie.eDraft :PiCks must
be an intercoitf~rence game. The SEC will notify ES~N and C,BS qf the official
SEC scliedUI_e_- for the upconlifli ka.~n by no later than the .da)rbe_fqre the Draft
for the applieabie season (whi~_~fist iri<:1:1.lc:le notic~. ()f actliai.or p()ter1tial moves
of significant matchups)., ESPN ais() Wili ~v~ the rig~ff()~_sE;le.ct 12 gcimes prior to
the first selection of any SEC games by the sEC"s regional syridlcator, Jefferson
Pilot, suCh selections to occur
orbeforefuly 1 priorto each applicable season.
CBS must commit its "Prime Time;, (as defined below) game and any game
played on a date other than Sati.Iiday by no later than MayJS.prior to the
applicable season. Any SEC game not selected by CBS or ESPN in the Draft or by
Jefferson Pilot according to its past practices (i.e., selected 12 days prior to its
scheduled playing date and subject to CBS's and ESPN's Draft priorities)
("Undrafted Game(s)") will be available for selection by CBS orESPN within 12
days prior to its scheduled playing date (or, on two occasions, within six days of
its scheduled playing date; each season, CBS also may request from SEC a third
such occasion for a six-day advance selection, which may be granted by SEC after
prior notice to ESPN), consistent with past practices. Specifically, CBS has first

lliClft:

pnor

to

on

The University Athletic Association, Inc.

2110-2

0000388
FLORIDA000382

I'UP

't~
C

ii J ~

~rw~p·-~~
, ·.

."1

~

I

:..J L, t ~ ; ' .. i..rb

Southeastern Conference
As of June 4, 1999
Page3

selection priority for one Undrafted Game per Saturday throughout the regular
seas6n and ESPN has the second selection for one Undrafted Game on the same
day. CBS will be limited to covering five games per season involving any one
SEC institution (and one such appearance must be an interconference game),
except that two SEC schools per season can appear in five CBs-covered
intraconference games, but no school can so appear in five intraconference games
in consecutive years during the term. For purposes of this agreement, #Prime
Time" is defined as between 7:00 p.m. and 11:00 p.m., "Early-Afternoon" is
defined as between 12:00 Noon and 3:30p.m. and #Late-Afternoon" is defined as
between 3:30 p.m. and 7:00 p.m.; unless otherwise noted, all times stated in this
agreement are p.m. Eastern Time.
3.3
Do11b!eheader Selection Procedures- (a) If CBS elecis to
telecast one doubleheader in a season (with starting timeS of eithe~_Early­
After,.noon /Late-Afternoon or Late-Afternoon/Prime Time, CBS must declare
that doublehe~der date by no later t:h£m January 10 of the applicable season and
the following selection process will be used: (i) no· other television network will
have a priority over CBS and ESPN for the selection of games on the
doP,bleheader, date; (ii) if CBS sele~ only one game with its Draft Picks (as
desCribed in ~ction 3.2) and ESPN does not u5e a Draft Pick, then CBS will have
the fust 5e!eqion of the remaining (i.e., un-Draft~d) SEC games on fu.e
doubleheader date and ESPN will have the next selection of games on that date;
(iii)_if neither CBS nor ESPN use a Dratt Pick on the doubleheader date, CBS will
_have th~ first two selections among SEC games on the applicable date and ESPN
. Will have-the third selection of games on that date; (iv) if the doubleheader
starting· times are Late-Afternoon/Prime Time, CBS will have Prime Time
exclusivity on that date, but ESPN will be allowed to telecast an SEC game at 5:00
on that date, unless CBS uses Draft Picks for both of its doubleheader games on
that date before ESPN uses a Draft Pick for a game on that date, in which case
ESPN will not telecast an SEC game at 5:00 on that date as otherwiSe authorized
above. (b) If CBS elects to telecast two doubleheaders in a season (at least one of
which must have sta_rting times of Early-Afternoon/Late-Afternoon), CBS must
declare the doubleheader dates and which date is considered the ufirst"
doubleheader date and which is the "second" doubleheader date by January 10 of
the applicable season, and the following procedure will be used: (i) the same
selection process as stated in subsection (a) will be used for the "first"
·doubleheader date; (ii) for the "second" doubleheader date, if CBS uses only one
Draft Pick for a game on that date, ESPN will have the first selection of remaining
(i.e., un-Drafted) SEC games on that date, and if neither CBS nor ESPN use any
Draft Picks for that date, ESPN will have the second selection of all games on that
The University Athletic Association, Inc.

0000389
FLORIDA000383

2110-3

CO:!FIDfNTIAl· .
Southeastern Conference
As of June 4, 1999
Page4

date after CBS selects one un-Drafted game for that date. CBS may telecast more
than two doubleheaders fu any season d~g the term of this agreement, but,
regardless of how many doubleheaders are telecast by CBS in a season, only one
of its doubleheaders per season may involve a Saturday Prime !ime game.
3.4
Prime Time- ESPN will have Prime Time exclusivity for SEC
interconference and intraconference games, except (a) the nights of CBS's
Saturday night doubleheaders (maximum of one per year, as described ~hove)
and Thanksgiving Prime Time broadcasts (maximum of three during the eightyear term of this agreement); and (b) regionally televised gan:tes on nights when
ESPN is not telecasting any college football game on ESPN and ESPN2 is
.
telecasting anon-pECgame. Dwjng_each ye.ar of the agreement, the SEC will '
'isclielime.fvi<:fTntltsaa}GJ?iilrie~'t~~~gailieS':fb,r't~X~~~~t.P.Ii·~~?PN~ which uLay
include a game on Thanksgiving ill years when CB~.fis' ·n.~t"broadcasting an SEC
game on that holiday..· The SEC will t.Ise·bona fide reasonable ~fforts to schedule
these two Thursda.yPrini.e Time gani.es during the term each year, but agrees
ESPN~s rights fees will be reduced by one million dollars ($i,OOO,OOO) for each
Thursday Prime ~nne game not so scheduled1Jy the SEC._ SEC will cause all
Saturday Prime Time games to be scheduled fqr kickoff at 7:30, unless ESPN
agrees otherwise; ESPN has the right to designate 7:30 or 8:00 a.S the kickoff for
Thursday Prime Time games. Each SEC sChool must agr~to startfour games
during the eight-year term at 8:00 local time thl:oughthe following dates:
11/3/01,11/9/02,11/8/03,11/6/04, 11/5/05; 11/4/06,11/3/07 and 11/8/08.
All schools except Tenilessee, Vanderbilt and Kentucky have agreed to play
games starting as late as 7:30 later in the season than the abovHpecified dates of
each respective season. In addition, Georgia has agreed to play as many as two
home games per year in Prime Time, except the Georgia Te~ game when it is
Georgia's final game of the season; and Georgia arid Florida agree to play at least
one of their annual games in Prime Time, on the occasion when ESPN first
requests Florida and Georgia to do so, and after that first ESPN telecast, Florida
and Georgia wilL consider in good faith any subsequent request by ESPN to play
additional Florida vs. Georgia games in Prime Time, and will not urireasonably
withhold their approval to any such request by ESPN.
·

3.5
Starting Times - ESPN may not telecast an SEC game in the
Early-Afternoon window, except for "Outer-Market" games (i.e., games telecast
outside the nine-state SEC territory). On up to five occa-sions per season when
CBS is telecasting an SEC game in the Late-Afternoon window, ESPN may teleca~;t .
a game as early as 6:00 on ESPN2; of those 40 games during the term, four may be
on ESPN (but no more than one per year). With regard to those games starting at
The University Athletic Association, Inc.

2110-4

0000390
FLORIDA000384

Southeastern Conference
As of June 4, 1999
Pages

6:00, ESPN will have the right to use its number-eight Draft Pick twice during the
·term and its number-ten Draft Pi~ twice during the term to sele0" games having
that starting time. Also, on any day when CBS is broadcasting a Prime Time
game, ESPN can telecast an SEC game starting at 5:00 on ESPN or ESPN2 (except
under the circumstances stated in section 3.3(a)(iv), and such games do not count
against the above-describedlimitation of five 6:00 starts per season.
3.6
Local Reairs -As the only exception to ESPN's exclusive
telecast rights to the games to which it acquires rights by this agreement, each SEC
member institution shall be allowed to Reair"(delay telecast) all of its games
under the following conditions: (a) no Reair can begin prior to 11:00 p.m. local
time on the day the game was played; (b) an institution ean Reair its games on
over:-the-air television stations in any market within its home state, plus on a
limited, case-by-case basis (to b~ approved by ESPN consistent With past
practi~es), markets in adjoining states that are contiguous to the applicable
iristi~tion's traditional market; (c) if the Reair is distributed by local/regional
cable network it must be limited to the nine-state SEC territory, plus on a limited,
case-by-:case basis(!o be approved by ESPNconsistent with past practices),
markets in adjoining states that are contiguous to the applicable :inStitution's
traditional market, with such Reairs limited to not more thart tWo telecasts (it
being understood that it is permissible for both institutions involved in an
intraconference game to arrange fo:r two distributions each of the same game
pursuant to their respective agreements with distributors (even if both teams'
arrangements are with the same distributors), arid it being further ·understood that
the SEC institution involved in an interconference game can arrange for up to two
Reairs of any such game, regardless of the arrangements (if any) made by the nonSEC me1llber for Reairs of that game) during the week immediately subsequent to
when the game was played, neither of which can occur during ESPN's Thursday
night prime-time telecast window, on Saturday during any regularly-scheduled
ESPN college football programming or at any other time during the week when
ESPN is telecasting a college football game that was scheduled before the start of
the applicable season (institutions are not prohibited from then Reairing such
games after the conclusion of the applicable seasOn on a historical basis); (d) if the
game Reairs on the Internet, it cannot begin prior to 8:00 a.m. on the day after the
applicable game is played and may not be promoted or distributed as part of any
national Internet portal or distribution system; and (e) the institutions may
purchase at a reasonable charge ESPN's "clean feed" of its SEC games for
purposes of these Reairs and other purposes consistent with the provisions of this
agreement, but may not use ESPN's announcers or telecast graphics in connection
therewith. These provisions will not prevent SEC member institutions from
11

The University Athletic Association, Inc.

0000391
FLORIDA000385

2110-5

COt~FIDENTIAL .
Southeastern Conference
As of June 4, 1999
Page6

continuing to make their own arrangements for distribution of traditional coach,.s
shows, although such coach's shows wiU not be distributed dtiring ESPN's
Thursday night prime"-timetelecast window, on Saturday 41ii1ngany regularlyscheduled ESPN college football progranuhing or via the Inteinet prior to 8:00
a.m.· on the day after the applicable game is_played. Nor will these provisions
prevent SEC memb~ institutions from continuing to make their own
arrangements for traditional live closed-circuit telecasts of SEC games to small
alumni groups or on-campus locations (e.g., auXiliary gyms).
3.7
Pay Subscription/Point-TcrPoint- ESPN may include in its
pay subscription package currently knoWn as "ESPN GainePlan" arid distributed
via nonstandard television, all SEC games teleVised by any distribution means,
except (a) any SEC ~arne televised bvCBS; (b) anv'i!ame telecaston a rioint-to. ·point S)'I:ldiCationbasis during-aCBS:telecast·of an SEC;game as-authorized by
this agreement; and. (c) the. home markets. of any other pomt-tO""pomt syndicated
telecastof an SEC g'W}e. SECme~ber inStitution.S:.triay,coni#lue to: arrange for
. telecast of SEC gamei"nototherWise telecastbyCBS; ESPN,Jeffers6n-Pilot or
regional cable consist~nt.withthe.provisidnsof,this'agreement via pay-per-view
(within the home states of the two·participating team5 only) 'o'r pomt.;to-point
syndication (within the home marketS ofthe two participatillg teams only).
-

..

-

-

.

.,

-

;:-;_

.

J

-

...

.,

J

'-'·

.

-~

3~8
Performance Option -IftheNielsen ratings(or another
relevant industry standard then relied upon by ESPN fu the regular course of its
.business) for ESPN'sSECfootballtelecastsontheESPNnetworkduringboth the
· 2003 and 2004 seasons total an average of 2.85 or less per telecast, theri ESPN will
have the right to terminat~ the contract as to its finai three acadeiiric years (i.e.,
2()06 through 2008 football seasons and 2006-07through 2008-W seasOns for other
six>rts). If the ratings during the 2003 and 2004 seaSonS ·av~rage 3.5 or more, then
the SEC has the right to termillate those last three years ofthe coritra:d. In either
event, the giving of written notice of termination Would trigger an exclusive 90day FN /FR period regarding modified financial terms to govern those remaining
three years. ESPN will schedule al12003 and 2004 games in good faith and will
not take any actions for the purpose of willfully depressing ratings in order to
take advantage of its performance option.

The University Athletic Association, Inc.

0000392
FLORIDA000386

2110-6

COflFIDENTIAL
Southeastern Conference
As of June 4, 1999
Page7

t4~~~~7Jli•~s::;e:~~~~

felec(lston EsPJ\l. dirrmg each of the 20014)2 through 2004-05 seasons: of which'six
m~lb~~i~ttat'<fr{(~r~nce games. In each of the 2005-06 through 2008-09 seasonS~ a.·
miiti.rii.tim ofsi.X mtracorifeierlce games peJ: year will be telecast on ESPN, as long
as· ESPN2 penetrates eighty-five perc~rit (85%) of the U.S. television households
that receive ESPN during the applicable season (according to Nielsen information
or another relevant industry standard then relied upon by ESPN in the regular
course of its business); in any season that such threshold is not met, a minimum of

of

H Appearance, means the appe~an~e
one SEC. team in an intraconference or
int~conference game; i.e., an intraconference g~e constitutes two Appearances

and an interconference game involviri.g an SEC team constitutes one Appearance.)

4.2

eight teams, if CBS broadcasts a ganl.e involving one of the four othenv1se-orrutted
schools).
4.3
Dates and Starting Times- The procedures governing
scheduling dates and games starting at 9:00 or, with the mutual consent of the
SEC, at 9:30, will be the same as in our current agreement. ESPN also has the
right, on 30 days notice, to move one game per season from the final Wednesday
night of the regular season to the previous Tuesday, but this right does not
override the appearance limitations on ESPN's selection of SEC games or the
selection priorities afforded to Jefferson-Pilot as described herein.
The University Athletic Association, Inc.

2110-7

0000393
FLORIDA000387

tO:~f\OENUAl

·

Southeastern Conference
As of June 4, 1999
Pages

4.4
Time-Period Exclusivity- ESPN wUI have time-period
exclusivity on aU SEC games it telecasts on its SEC-designated evening, except for
games authorized only for Outei"-Market distribution~ and for gaines played on
-Saturday, Slinday and on Wedne8day Prime Time, during Which the SEC will
exercise its best efforts to scheduleto maintain'ESPN's time period exclusivity.
4.5
Pay Subscription- ESPN may include in its pay subscription
package currently known as ''ESPN FtillCourt" and distributed via nonStandard
television, all SEC-controlled games televised by any distribution means, except
any game televised by CBS.
·

__ -_ 5. - Women's Basketball & Olyffipic Sports ~ ESPN will telecast between

-.-

'~~~t~~{g~«r:;!~:i!~7lefl~'~~~ftJi-fti~~~gft?~~J{!f~

Champions~p game~ ESPN will have the first selectiortpridrit)' ofSEC-women's

basketball games for the 2003-{)4, 2004-0S anci 2007-08 seasOnS;, provided ESPN

·~,~~~~if~~~i;k;~~~~~~~:u~;~~f;~~:f;,ESPN Will also televise
·:·

r.

_ 6.
ESPN Classic - ESPN will have the exclusive nafi.omil cable and
related distribution technologies·(e.g.~ DBS) television rights arChival/historic
audio-video of SEC Games foi use oil ESPN ClassiC without additioni:il charge.
_The SEC and its member institutions will make available their respective audiovid,eo archives and libraries of sporting events, for which the SEC and its member
-institUtions have exclusive rights, to ESPN Oa5sic for use without additional
charge, and ESP!'J's lise will be exclusive a5to any other nationafcable (or related
distribution technologies; incltidirig the Internet, except for~distribt:loori. of such
material by institutions via their owri websites) throughout the term of this
agreement. For any material in which the SEC and its meinbers share or own
non~xdusive·rights (e.g., game telecasts in which copyright is jointly owned by
the SEC and Jefferson-Pilot), the SEC will pass-through to ESPN all rights such
non~xclusive rights and the SEC endeavor to secure for ESPN Classic the
broadest exclusivity rights that it can reasonably obtain. Notwithstanding the
foregoing, ESPN's rights to any archival/historic material owned or controlled by
the University of Mississippi are subject to whatever limitations exist in any preexisting agreement between that institution and The Football Network

to

The University Athletic Association, Inc.

0000394
FLORIDA000388

2110-8

CCt:fiDENTIAl
Southeastern Conference
As of June 4, 1999
Page9

7.
Future Rights- ESPN will have FN/FRrights to future packages of
SEC games equivalent to the rights granted by this agreement, according to the
procedures and other requirements of the FN /FR rights in our current agreement.
The SEC also will afford to ESPN future negotiating opportunities rights with
respect .to its Internet website rights, marketing rights and radio rights for SEC
championship events, subject only to the first negotiation rights ofthe SEC's
applicable incumbent rightsholders.
8.

Game Statistics/Data Rights/Highlight Rights

8.1 r.;\;Gaille Statistit?S/Ptlf~- SEC will cause its member institutions
to make available to ESPN whatever statistics and other data related to its football
and basketball games they compile during the term, which ESPN will have the
right to use and exploit via all means and media in connection with its coverage of
those sports. SECwill have approval as to which data is made available, such
approval not to be unreasonably withheld: . .·
+J.~j) .. _·''iJoT JJ @~)

{_Ca__s

8.2 - Highlights - The SEC and its schools will retain the right to
authorize distribution ·ofgame highlights according to traditional guidelines.
However, for any SEC game telecast by ESPN, any distribution of highJights via
the Intemet'exceeding the SEC's traditimi.al applicable highlights guidelines (i.e., a
maximum of two minutes of highlights per game included in a teleVised
newscast, within a 48-hour post-game news winqow) will be governed by the
following: (a) highlights can only be distributed after the conclusion of the game;
(b) a maYimum of eight IPinutes of fligflJights '\Vill be authorized for distribution,
utilizing either ESPN's telecast of the game (game-highlight video only, no use of
ESPN talent or other audio or of ESPN-produced interviews or featUre material),
the institution's telecast of the game or any combination thereof (ESPN will
receive a visual credit for any of its highlight so utilized); (c) the highlights cannot
be arranged so sequentially in nature that they replicate a substantiill play-by-play
account of the game; (d) distribution of such highlights must be limited to the SEC
institutions' own Internet websites; and (e) such institutions' sites must include a
"hot-link" to ESPN.com on each page containing a highlight of the game.

The University Athletic Association, Inc.

2110-9

0000395
FLORIDA000389

Southeastern Conference
As of June 4, 1999
Page 10

9.

. ..

.-~·-·'

~-

. Distribution

9.1
Rights- For-all garnestelecastlihdei the new-agreement,
.ESPN will own thetelecastcopyrights and will have th~ €Xclu.sive rights in
perpetuity. to distribute television programs and cort5tituent elements thereof via
·any and all mean$ and IIledia now known and hereaftefdeveloped throughout
the universe without limitation as to the number oFexhibitio:tlS. ·
·
9.2
Limitations ~Neither the SEC not its- member institutions will
grant rights during the term that compete with, conflict with pr diminish the
value of the rights granted to ESPN. SEC will not authoriZe or permit any of its
member institutions- to televise any SEC game Via any noristand~d teleVision
network or any other means of distributing audiQ.:.Vid~'signals; ~~het!ler nmv
known or hereafter developed, that could be receivedoutsidethe rune states in
which-SEC institutions are currently located {except: for spillover" of terr~strial
signals of syndicated games into inurtediately~adjoin:frigliiarketSin fuo5e nine
states). The SEC and its schools will afford ESPN timely firs~ priority in any
_gevelopment of diStribution of audio-video sigrtais of SEC gall!~ nototherwise
telecast by ESPN via broadband Internet and/or any' other hew· ati:e'rnate means
or media during the term as they become technologiCally ~d ecorioiriically
'' feasible. -

or

10.
Payment Terms- In consideration of the rights t<:> be granted by the
SEC, ESPN will pay the following fees:
·

taJ
Within30days of the execution of thisagreement and its
approval by the SEC member institutions, a one.:.tiine payinent of
$5,000,000
(b)
2001-02 Season- $15,500,000
(c)
2002-03: Season- $16,500,000
(d)
2003-04 Season - $18,000,000
(e)
2004-05 Season- $19,000,000
(f)
2005~6 Season- $20,000,000
(g)
2006-07 Season- $20,000,000
(h)
2007-08 Season- $21,000,000
(i)
2008-09 Season- $22,000,000

The total including the signing payment is $157 million.

The University Athletic Association, Inc.

0000396
FLORIDA000390

2110-10

Southeastern Conference
As of June 4, 1999
Page 11

Please confirm your agreement by signing where indicated below. After
execution by both parties, we will prepare a draft of a long-form agreement.
ESPN looks forward to continuing our close relationship with the SEC well into
the new millennium.

Sincerely,
FOR ESPN, INC.

John Wildhack
Senior Vice President

ACKNOWLEDGED AND AGREED

The University Athletic Association, Inc.

2110-11

0000397
FLORIDA000391