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DATE: November 15, 2017

TO: Daniel Kalish, HKM Employment Attorneys, LLP dkalish@hkm.com

FROM: Ellen Armentrout, FOIA Officer and Assistant General Counsel


Michigan State University Freedom of Information Act (FOIA) Office

SUBJECT: FOIA Response

This is written in response to the FOIA request that you emailed to this Office on October 25, 2017.

Records responsive to your request accompany this letter. No fee will be assessed for this processing of
your request.

Pursuant to Section 4(4) of the Michigan Freedom of Information Act (MIFOIA), the Universitys procedures
and guidelines for processing MIFOIA requests can be found at http://foia.msu.edu.

Attachments

MSUF068017

FREEDOM OF
INFORMATION ACT
OFFICE

Michigan State
University

408 West Circle Drive


Room 1 Olds Hall
East Lansing, MI 48824
517-353-3929
Fax: 517-353-1794
foia@msu.edu
http://foia.msu.edu


Michigan State University 11/15/17

NAME BASE SALARY

DANTONIO, Mark $ 2,321,092.00


AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment to Employment Agreement (the "Amendment") is entered into effective July 1,
2017, by Michigan State University ("University") and Mark J. Dantonio ("Coach"), to modify and
supplement the Employment Agreement between them dated as of January 1, 2016 (the "Agreement").
All terms and conditions of the Agreement remain in full force and effect, except as modified and
supplemented by this Amendment, which shall prevail in the event of any conflict.
The University and Coach agree as follows:
The following are added to the Agreement as Section II.N.9.:
9. Exclusions. Any royalties or other amounts received by University from a Licensing
Opportunity, as defined in Section IV.G., or recovered by University in the course of enforcement
of Coachs publicity rights as granted in Section IV.G.6., shall not be considered Outside Income
to Coach and are not subject to the provisions of this Section I.N.
The following are added to the Agreement as Section IV.G.:
G. Licensing and Enforcement Representation
1. Coach grants to University, for a duration not to extend beyond the expiration date of the
Agreement, a non-exclusive, worldwide right and license (a) to use, copy, reproduce, exhibit,
display, and sub-license for the purpose of managing opportunities for the licensing of the
publicity rights of Coach ("Licensing Opportunity") including, but not limited to, the name,
image, quotes, voice recording, signature, and biographical information of Mark J. Dantonio,
Mark Dantonio, Coach Dantonio, Dantonio, or version thereof in relation to creating, producing,
promoting, selling merchandise ("Licensed Products") associated with Coachs Employment
Duties as described in Section I of the Agreement and status as Head Coach of Universitys
Mens Intercollegiate Football Team.

2. University may manage the rights granted in Section IV.G.I. itself or through its agent, service
company, publishers, sub-licensees, distributors, or other parties ("University Agents") for
commercial and non-commercial purposes.

3. University shall present Licensing Opportunity to Coach as opportunities arise and if the
Licensing Opportunity is acceptable to University. Coach is under no obligation, but may elect,
to have University participate in any presented Licensing Opportunity.

4. Upon election by Coach to have University participate in any Licensing Opportunity, University
shall (or shall cause University Agents to) facilitate contract terms that shall govern the elected
Licensing Opportunity.

5. University agrees that it will (or will allow University Agents to) facilitate a contract for a
Licensing Opportunity in connection with Licensed Products only if such Licensed Products and
any associated promotion(s) are of the kind and character approved by both Coach and
University.

6. Coach further grants University a non-exclusive, worldwide right to enforce the publicity rights
of Coach against unauthorized uses by third parties. Such enforcement rights may include, but
are not limited to, the initiation, maintenance, settlement, or other resolution of an enforcement
action undertaken by University in its discretion and at its expense. Coach agrees that University
is not obligated to monitor the infringement activities of third parties and University may abandon
its enforcement of the publicity rights of Coach at its discretion.

7. Coach agrees to reasonably cooperate with University in connection with the Licensing
Opportunity presented and timely provide signatures and approvals required for University to
exercise the rights granted in this Section IV. G. including, but not limited to providing approvals
of artwork for Licensed Products and providing signatures to powers of attorney or license
agreements.
To evidence their agreement as set forth above, the Coach and a duly authorized University
officer have executed this Amendment to Employment Agreement below.
COACH
Date: 4/2 z/i>

MICHIGAN STATE UNIVERSITY


Date: FA/ /17
Anna K. Simon, esident
kLou

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