I thought a little more about what could be viewed as the equivalency of something like a long term GOR and I’m beginning to think it could be far worse for a school attempting to buy out of it than I initially believed, as from what we understand, there is no language in the agreement to address a school leaving early.
I believe the closest business comparison would be a long term office lease in a commercial building (depending on the quality of space and total square footage being leased, these normally run anywhere from ten to thirty years with built in escalations) where if it were a large enough building, there would be multiple tenants each with long term leases.
If the tenant is sufficiently perceptive, they will have payout terms written into the lease in the case of early termination (a penalty and a discounted lump sum payment for remaining term of the lease, normally a discounted cash flow calculation covering future lease payments). More often than not there is no language in the lease covering this so the tenant breaking the lease is on the hook for the remaining rent payments (unless a bankruptcy is in play, but often there are higher level guarantees to protect the landlord from an LLC filing for bankruptcy as a way out of a lease). This would be the case even if the space was subsequently rented after being abandoned. For the record, I’ve spent the past 23 years in this industry and there have been suits (and countersuits) that have led to the tenant a) being on the hook for the entire remainder of an early departed lease even if the space had been subsequently leased, b) the tenant being responsible to reimburse the landlord for all legal costs to pursue payment of the remaining rent term and c) the tenant being responsible to reimburse the landlord for costs incurred in securing a new (replacement) tenant (this part is almost adding insult to injury).
This is the standard judgement as this is accepted as normal practice in the industry and the punitive nature generally forces the departing tenant into seeking settlement without getting the court system involved.
I’m not claiming that this would apply equally to for example FSU leaving the ACC and saying “Let the courts decide” but, if it would apply similarly, FSU could be facing all of their media rights belonging to the ACC regardless of where FSU plays and, if the ACC were to replace FSU with another school, leading to the media partners reducing the total payment to the conference (for example, by $30 million annually due to the lesser product), FSU could be on the hook to cover that reduction and be required to cut the ACC a check for $30 million each year until the GOR expires.
In what would be purely a case of intellectual curiosity, I would be fascinated by a situation where a school attempted to leave and both sides held firm on refusing to negotiate a settlement.