11. Liquidated Damages.
A. Termination by the University without cause
The University shall not have the right to terminate this Contract for Employment without cause
before April 30, 2020. Thereafter, if the University terminates the employment of the Employee
hereunder contrary to the terms hereof, it shall pay the Employee liquidated damages in the amounts
outlined below, in any event reduced by the sum of (i) any compensation earned by Employee during the
contract year to date for the year in which the University terminates the employment without cause; and
(ii) any amounts received by the Employee from any other employment for services or obtained as a
consultant before the end of the term of this Contract for Employment (the sum of (i) and (ii), "the
offset"). For purposes of this Contract for Employment, the term "contract year" means the period during
the term of this Contract for Employment which begins on May 1 and ends on April 30 of the subsequent
year. Such liquidated damages to be paid in equal monthly installments until April 30, 2024, or in such
lump sum as might be negotiated and agreed to by the parties.
If University terminates without cause on or after May 1, 2020, it shall be responsible for the
corresponding amount of liquidated damages as follows in Chart A (subject to the offset):
CHART A
University termination date: Total
Damages
Between May 1, 2020 and April 30, 2021 $6,000,000
Between May 1, 2021 and April 30, 2022 $3,000,000
Between May 1, 2022 and April 30, 2023 $1,000,000
Between May 1, 2023 and April 30, 2024 $300,000
Notwithstanding Chart A, if the Men's Basketball Team wins twenty (20) or more games with
Employee on the sidelines (or, if not on the sidelines, with an excused absence, as described in Paragraph
4.H, above) and/or goes to the NCAA post-season tournament with Employee serving as Head Men's
Basketball Coach, in any of the first three (3) seasons of Employee's employment with University ("First
Trigger Event"), the University shall not have the right to terminate the Contract of Employment without
cause until after April 30, 2021. In such event, if the University terminates the Contract of Employment
without cause on or after May I, 2021, it shall pay the following liquidated damages as follows in Chart B
(subject to the offset):
CHARTB
University termination date after First Trigger Event: Total
Damages
Between May I, 2021 and April 30, 2022 $6,000,000
Between May 1, 2022 and April 30, 2023 $3,000,000
Between May I, 2023 and April 30, 2024 $1,000,000
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