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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

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.

REVIEWED AND RECOMMENDED:

AGREED AND A

Kevin Sumlin

Mark Snyder

CEPTED:

172
Head Football, Co.

Assistant Foot al Coach

ch

Date:

Eric

Date:

yman

Dir ctor of Atl}k iDate:

J.

REVIEWE

'
4.0
a3

AND RECOMMENDED:

APPROVED:

to form and le: al suff ie. cy)

co',"

Deputy
Date:

Kelly

R. Bowen Loftin

General Counsel

2. 7

13

Synder Agreement 2013

President

Date: _

4]/ 0'L1f3

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