Here is the relevant language from the ACC contract:
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It’s the uncertainty that makes it a powerful tool. There’s a world of what ifs there. For example if a team leaves ESPN still has the rights to broadcast they’re covered home games. If an ACC team moves onto a big 10 schedule, ESPN would have the right to broadcast games or not. Presumably it also has the obligation to pay the conference for the content. I say presumably because I don’t have the separate ESPN contract with the ACC. So, if the team still is obligated to give it to rights to the league in the to the ESPN, and ESPN is still obligated to pay the league, how was the league damaged by the departure? Couldn’t one make an argument that the exit fees plus the grant of rights fully compensates the conference? If that were true the cost of leaving the ACC would be $52 million.
What if ESPN chooses not to put any of the schools product on TV? Is that a de facto breach of contract?
What if the departing school chooses to play its home games and a neutral venue? ESPN would still have their rights, but they be valueless.
I would love to see one of these things get litigated just to see how issues like these get sorted out. I would not want to be one of the litigants though. Because on top of whatever the ultimate resolution is it’s going to cost people a world of money and legal fees.