On March 26, 2008, Matt Brady became the men’s basketball coach at James Madison University (JMU). He was formerly the head coach at Marist College, compiling a 73-50 record in four years. Marist is a private institution located in Poughkeepsie, New York. Brady was employed pursuant to a head coaching contract with Marist that was entered into on July 1, 2007 and was to expire on March 31, 2011. Brady’s contract contained two covenants with respect to termination of employment that are the subject of this article. In the first instance, Brady was precluded from entering into any employment discussions with any other collegiate or professional basketball program and from accepting a head coaching position with any program without the prior written consent of Marist. In addition, if Brady’s contract was ultimately terminated for any reason, including Brady accepting another coaching position pursuant to such written consent, Brady agreed to (1) return all basketball program records and files, (2) end any and all contact with Marist basketball program recruits, and (3) not offer a scholarship to current Marist basketball players nor any persons that he or his staff recruited to play basketball at Marist.

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