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 I

CONFIDENTIAL
Outside Attorneys' Eyes Only

UNIVERSITY OF

NOTRE DAME
OFFICE OF THE. EXECUTIVE VlCE PRESIDENT

Telephone (574) 6~hf700

John F. Affiet:k-Graves

Main Building
Notre Dame, Indiana
465t6-s6o2. USA
400

f-,u:simile (574) 6;t-o818

June 13, 2008

Mr. Kenneth D. Schanzer
President
NBC Sports
30 Rockefeller Plaza
New York, New York 10112

Dear Ken,
This fetter of agreement ("Letter") shall serve to confirm the material terms of the extension of
Notre Dame's existing contract with NBC for the telecast of its home football games (as used herein,
"Home Game(s)" shall mean games played at Notre Dame Stadium or at an offsite location where Notre
Dame is designated as the home team and controls the broadcast rights). This letter serves to extend
the contract to include years 2011 through 2015 under the following terms and conditions.
1.

Upfront Royalty Payment. In consideration of Notre Dame's willingness to extend the

contract and NBC's continued use of the University's name, trademark and logos, NBC will pay
Notre Dame an upfront royalty in the amount of

. to be mailed

to Notre Dame on July 1, 2008.
2.
Appearance Fees and Licensing Royalty. NBC will pay to Notre Dame
each year of the extended contract, 2011
through 2015, to be paid annually as an appearance fee of$

(the "Game Fee") for

each Home Game and a licensing Royalty in the amountequal to the difference between the
total Game Fee for each season and
3.
REDACTED

Home Games. During the term of the extended contract, Notre Dame will play eight (8}

Home Games each season and NBC shall telecast each of those Home Games on NBC. Notre
Dame agrees to consult with NBC in determining the date and kick-off time of each Home Game;
1
provided, however, that the parties agree that the eighth (8 h) Home Game played at an offsite
location shall be televised in prime time. Notre Dame acknowledges that NBC has committed to
telecast the Ryder Cup and the President's Cup (and other PGA events), and Notre Dame agrees
to schedule Home Games to avoid conflicts with those events to the extent possible and
practicable.
4.

Institutional Spot. Notre Dame shall be entitled to

30-second

Home Game produced by Notre Dame at Notre Dame's expense and
!nstitutionai

during each

120-second

during half-time of each Home Game which shall be produced by NBC at Notre

Dame's expense.

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CONFIDENTIAL
..

'

Mr. Kenneth D. Schanzer
June 13, 2008
Page 2

5.

Outside Attorneys' Eyes Only

Commercial Format. Effective 2008, NBC agrees to use a commercial break format that

will limit the number of scheduled games stoppages to 16 in-game (4 per quarter) and limit the
NBC on-air promotional announcements for other NBC programs during game action to 4

minutes.
6.
Copyright. Notre Dame and NBC shall jointly own the copyright of the telecast of each
Home Game. Both NBC and Notre Dame shall have the right, in perpetuity, to use any NBC
telecast or excerpts thereof at any time for internal archival, reference and other non~
commercial purposes. During the term of the extended contract, neither NBC nor Notre Dame
shall use the telecasts for commercial purposes (except for Notre Dame's coach's show} without

the written app;oval of the other party. The parties agree to share any revenues derived from
any other approved commercial uses. At such time as NBC and Notre Dame no longer have a
contract for the telecast of Notre Dame Home Gam'es, NBC shall assign to Notre Dame all right,
title and interest to the copyright of all Notre Dame Home Games telecast by NBC under a
contract between Notre Dame and NBC.

7.
Renewal Negotiations and Right of First Refusal. Assuming Notre Dame's football
program is still independent fifteen months prior to the last game of the 2015 football season to
be telecast under the extended contract, Notre Dame and NBC will enter into good faith
discussions about renewal of the contract. If the parties have not reached agreement thirteen
months prior to the last game of the 2015 football season to be telecast under the extended
contract, Notre Dame shall have the right to negotiate with other parties regarding the telecast
of its Home Games.

8.

Contract Negotiations. Notre Dame and NBC agree to negotiate in good faith to

memorialize the terms set forth in this Letter and any additional terms by August 30, 2008.
Please sign in the space provided below if this accurately represents your understanding of the
extension of the contract between NBC and Notre Dame.

AGREED AND ACCEPTED:
NBC SPORTS, a division of the
NBC UNfJRS~A~, INC.

BY:
ITS:

{){e.:fll f)

L

--=~-;.c·_L_~_,_&_cw_r
__________

DATE: _ _
"-_f_,_7f_ll_8
_______

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CONFIDENTIAL
,'

~

Outside Attorneys' Eyes Only

UNIVERSITY OP

NOTRE DAME
OPP1CI OP Tlll PRUIDilNT
400 Mala Boai.WJI,I
Notn D&lllitt IDtliaM

Tdep~ (J7·d 6J:~~7Ji

l'aaiaU.

h7.U

it1•1+~•

+'H'-1'- USA

December 171 2003
Mr. Kenneth D. Scbanzer
.·President
NBC Sports
30 Rockefeiier Piaza
New York, New York 10112
Dear Ken,

'This letter shall serve to coiUirm the material terms of the renewal of Notre Dame's
contract with NBC for the telecast of its home football games for the years 2006 through 2010.
1. Upfi:ont Royalty Paymepl In consideration of Notre Dame• willingness to extend the contract
at thia timo and your continued use of the University's name. trademarks and logos, NBC will
·on January
pay Notre Dame an up front royalty in the amo\Ult of

1, 2006.

REDACTED

2. A.RPearanco Fees and Ucensina Rqyaltv. Under the agreement, NBC wiJl also pay Notre
Dame
each year of the contract, 2006 through
2010, to be paid annually as an appearance fee of
9er home game and a Licensing
Royalty in the amount which is the difference between the total appearance fees to be paid in any
year and

3. Renewal Nesotiations and Risht of First Refusal. Assuming Notre Dame's football program is
still independent fifteen months prior to the last game of the 2010 football season to be
televised under the renewal contract. Not:re Dame and NBC will enter into good faith discussions
about renewal of the contract. If the parties have not reached agreement, thirteen months prior to
the last game of the 2010 football season to be televised under the renewal contract, Notre
Dame shall have the right to negotiate with other parties regarding the telecast of it home football
games. Provided, that prior to entering a contract with a third party for the telecast of its home
football games, Notre Dame shall give NBC the first right of refusal to contract with Notre Dame
for the telecast of its home football games and shall not enter a contract with a third party for a
payment to Notre Dame in an amount that is less than the amount demanded by Notre Dame

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CONFIDENTIAL

,.

Outside Attorneys' Eyes Only

··- -·-·-·- ~ ..

from NBC.
4. Seyen Game Seasons and USA Network. During the term of tho renewal contract, Notre
Dame will play seven homo games in 2 seasons. Duri..ng the term of tho renewal contract, NBC
stYul telecast at least tivo homo games of each season on NBC and sbaU have the right to telecast
tho remainder of tho games in that season on USA Network.
Except as set forth herein, tho terms and conditions of tho cur.ren.t agreement between
Notre Dame and NBC, will remain in full force and effect throughout the term of the extension.
nus agreement is contingent on execution bY· Notre Dame and NBC of a revised contract
delineating tho details of the renewal agreement aa outlined herein.

Ifby April 1, 2004, Notre Dame decides to remain independent for football, then the
parties shall enter into good faith discussions about tho possibility of giving NBC tho option to
renew the contract for an additional tlve year period, 2011-2016.
Please sign in the space provided below if this accurately represents your understanding
of the renewal of the contract between NBC and Notre Dame.
UNIVERSITY OF NOTRE DAME duLAC

By:~~·~··.

Rev. Edward A. Malloy, . .C.

.
.

Its: President
ACCEPTED AND AGREED;
NBC SPORTS, a Division of tho
NAT!WROADCASTING COMPANY, INC.
By:

Jlc--

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