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[billybud]

And the breach of Notre Dame of that ACC GOR and an attendant contract would have great value to be litigated...the added benefit to the ACC that opening up the ESPN contract would dictate and the extra value of their inclusion....

The GOR and contract are together...the GOR assigns the rights to all sports not football and the contract binds football under the negotairted agreement...(5 games per year and that they will join the ACC for football if they leave independence...)

If Notre Dame can get away with it, other teams will follow...sooo...the ACC will go to the mattresses and go for the $100's of millions for the breach.

And, with a GOR...it isn't damages..the ACC flat owns Notre Dame basketball, baseball,etc. media rights until 2036 no matter where they play.

 

[billybud]

But a very nice squeeze play by the Big Ten.

Possibly cutting the Irish off from their two biggest rivals, Michigan and USC....

 

[FfldCntyFan]

I'm pretty sure that I read over the weekend that the five football game commitment and the prohibition of joining another conference are tied to ND's partial membership in the ACC. Upon buying out the GOR and paying the departure fee (granted, a large number) ND would be free to join any conference.

 

[goldendomer]

Greg Flugaur
@flugempire

BTM “Notre Dame will have to be completely satisfied with structure of Big Ten to make a move. Lots of money would leave Notre Dame in short term if move is made out of ACC GOR so they have to be convinced on all accounts. But talks did not start from scratch beginning of July.”


2:10 PM · Jul 6, 2022·Twitter Web App

He is now included in the Key Tweet section. Upgrade.

 

[superjohn]

LOL, yep. It was inelegantly phrased, perhaps, but the ESPN campus is over 20 buildings of nearly 750,000 ft.² no one is going to walk away from that because their feelings were hurt.
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ESPN Plaza Fact Sheet - ESPN Press Room U.S.

ESPN Plaza Fact Sheet

Acres – 120.1 (113 at ESPN Plaza incl. 31.7 in Southington purchased piecemeal starting in 1998). Employees – Approximately 4,000 in Connecticut Buildings — 19 Satellite Dishes – 26 (All are in the teleport, including the Torus which handles 35 feeds, meaning there is the functionality of 60...

espnpressroom.com

 

[billybud]

I'm pretty sure that I read over the weekend that the five football game commitment and the prohibition of joining another conference are tied to ND's partial membership in the ACC. Upon buying out the GOR and paying the departure fee (granted, a large number) ND would be free to join any conference.

A lot of interwebz fluffing...but nobody has read the Notre Dame contract. And you can't just buy out a GOR. The conference just owns the rights that you have signed over....

There is a reason that nobody...nobody...has breached a GOR...

 

[LoyalFanCT]

A lot of interwebz fluffing...but nobody has read the Notre Dame contract. And you can't just buy out a GOR. The conference just owns the rights that you have signed over....

There is a reason that nobody...nobody...has breached a GOR...

What you are forgetting is that the GOR is part of a contract. Good lawyers can break apart a contract if one side does not fulfill its part of the bargain. Has the ACC delivered an acceptable payment to each league member when compared to peers in other conferences? I say that is questionable.

 

[FfldCntyFan]

What you are forgetting is that the GOR is part of a contract. Good lawyers can break apart a contract if one side does not fulfill its part of the bargain. Has the ACC delivered an acceptable payment to each league member when compared to peers in other conferences? I say that is questionable.

I don't see how that can possibly be grounds to break a contract.

 

[billybud]

What you are forgetting is that the GOR is part of a contract. Good lawyers can break apart a contract if one side does not fulfill its part of the bargain. Has the ACC delivered an acceptable payment to each league member when compared to peers in other conferences? I say that is questionable.

Not forgetting at all...

Unless there was a performance clause in the GOR tieing continued binding of the agreemment to maintaining parity with the B1G and SEC (there is not), it is a moot point.

 

[FfldCntyFan]

A lot of interwebz fluffing...but nobody has read the Notre Dame contract. And you can't just buy out a GOR. The conference just owns the rights that you have signed over....

There is a reason that nobody...nobody...has breached a GOR...

I know why nobody has breached a GOR and if you read through a handful of threads you will find me arguing with posters who claim it can easily be dissolved.

It wasn't some fluffier throwing out ideas, it was one of the few legitimate journalists remaining. When I get home tonight I will look for the article and link it.

The point is, if ND leaves for the Big 10 they will owe the ACC a departure fee (I have seen claims that it is more than $50 million) and they will need to buy their way out of the GOR (likely two and a half to three times the departure fee). They wont need to additionally honor the commitments (no other conference,five ACC games) that are tied to their membership in the ACC.

 

[Stinger92860]

What you are forgetting is that the GOR is part of a contract. Good lawyers can break apart a contract if one side does not fulfill its part of the bargain. Has the ACC delivered an acceptable payment to each league member when compared to peers in other conferences? I say that is questionable.

The lesson is that good lawyers can break a GOR written by bad lawyers if one of the parties is negligent.

 

[UConnJim]

I'm not a lawyer, so I am not an expert on GORs. I have been an investment analyst in which contracts worth hundreds of millions of dollars were involved. In general, most contracts have lots of language that could be legal outs if the contract is disputed. For example, a company explained to me that not painting the yellow safety lines on time (as defined by the contract) could be a breach of contract.

I haven't read the ACC GORs contract in years, but my understanding of broad GORs is that you very rarely win if you take the contract to court if they are broad GORs. Media contracts in recent years have a lot more language in them because people didn't anticipate new ways to share content like streaming 15 years ago. Unless there are specific things that can be challenged in the contract, and the ACC GORs contract that has floated around is very short so I think it would be tough to find outs in the contract. As for the Pac 12 and Big 12 GORs, because they were almost up, I don't think any of the schools that are leaving wanted to exit early and pay a large dollar penalty and they didn't think it was worth challenging the GORs.

That said, there are potential other outs of contracts that some schools may try. For example, I would assume any school would want to sue in their home state and there could be state laws concerning contracts that could be in favor of the school. And, some schools could try to argue that the University President did not have the legal authority to sign such a large contract,... I'm not saying they would win, but I'm sure they will have top legal advisors to figure it out. And, I wouldn't think North Carolina politicians would look to help UNC break the GORs while leaving behind NC St., Duke, and Wake Forest.

Finally, I don't think anyone has seen Notre Dame's contract with the ACC outside of the GORs for their non-football sports so we don't really know if Notre Dame is contractually obligated to join the ACC if they join a conference for football.

 

[jostar1]

He is now included in the Key Tweet section. Upgrade.

That's why it's called:

Key tweets, and it's all gone to Hell. ​

 

[goldendomer]

That's why it's called:

Key tweets, and it's all gone to Hell. ​

I guess he qualifies... At least he ain't the Dude or Mhver3.

 

[dayooper]

That's why it's called:

Key tweets, and it's all gone to Hell. ​

If Flugs is considered key, than we are truly screwed. We are just 1 step away from having the WVU twitterati as our college sports overlords.

All hail President DudeofWV!!

 

[huskymedic]

 

[Chin Diesel]

If Flugs is considered key, than we are truly screwed. We are just 1 step away from having the WVU twitterati as our college sports overlords.

All hail President DudeofWV!!

The non-key tweet thread was made specifically for him and the dude of WV.

 

[brasssbonanzaa]

The non-key tweet thread was made specifically for him and the dude of WV.

I thought it was originally for Dude and MH3?

 

[DGB]

The ACC and SEC are essentially ESPN properties.

The B1G is essentially a FOX property.

The B1G may want to add UNC and UVA at some point in the future. If ESPN would like to keep UNC and UVA away from FOX forever and always, ESPN can effectively allow UNC and UVA to buy their way out of the ACC GOR and into the SEC at a negotiated number everyone feels good about.

ESPN can then backfill the ACC with UConn and WVU, and pay the teams the same TV contract minus a % to UConn and WVU. Everyone else in the ACC can kick rocks because they really aren't valuable enough for ESPN to need to protect them from the B1G/FOX.

Conference hierarchy will be:
B1G/SEC
ACC
Big 12/PAC combo maybe with a side of SDSU and Boise

Two to four of ND, Oregon, Stanford, and Washington go to B1G. Those that don't go to the combo platter conference.

The end.

 

[Jimdish255]

If Flugs is considered key, than we are truly screwed. We are just 1 step away from having the WVU twitterati as our college sports overlords.

All hail President DudeofWV!!

He pretty much called the last defections a couple weeks early I think. Beat out a ton of so called beat guys who got caught flat footed.

 

[LBird33]

He is now included in the Key Tweet section. Upgrade.

He needs to get a life

 

[Exit 4]

The ACC and SEC are essentially ESPN properties.

The B1G is essentially a FOX property.

The B1G may want to add UNC and UVA at some point in the future. If ESPN would like to keep UNC and UVA away from FOX forever and always, ESPN can effectively allow UNC and UVA to buy their way out of the ACC GOR and into the SEC at a negotiated number everyone feels good about.

ESPN can then backfill the ACC with UConn and WVU, and pay the teams the same TV contract minus a % to UConn and WVU. Everyone else in the ACC can kick rocks because they really aren't valuable enough for ESPN to need to protect them from the B1G/FOX.

Conference hierarchy will be:
B1G/SEC
ACC
Big 12/PAC combo maybe with a side of SDSU and Boise

Two to four of ND, Oregon, Stanford, and Washington go to B1G. Those that don't go to the combo platter conference.

The end.

Sounds reasonable and possible- except I just don’t know if Clemson/FSU/Miami will let ESPN slide out Virginia and UNC without getting their own deal to exit too.

 

[CAtlantic]

 

[Hogoff]

He pretty much called the last defections a couple weeks early I think. Beat out a ton of so called beat guys who got caught flat footed.

If you throw a hundred darts you are likely to hit one bullseye.