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Joined: 08/08/2021
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An exit fee is very different from a Grant of Rights.

An exit fee is what is known as "liquidated damages". Courts routinely review liquidated damages clauses for reasonableness. This is because liquidated damages are supposed to be a reasonable approximation of what actual damages would be in the event of a breach of contract. In the Maryland case, a court never made a ruling on whether or not the ACC's exit fee was reasonable, as both parties decided to settle before going to trial on the issue. A grant of rights is something different entirely. Parties can contractually agree to transfer ownership of certain rights. The schools agreed to transfer their broadcast right to the conference in exchange for a share of conference revenue; and the conference agreed to transfer those same rights to the TV networks in exchange for a future revenue stream. This is not something that courts will second guess without evidence of something like fraud. In regards to the Big 12 GoR, it's not just about what the schools and conference want to do, the TV networks (FOX and ESPN) are also parties to that, since those broadcast rights were sold to the networks. So lawsuit over the GoR would involve not just the Big 12, Texas, and Oklahoma, but ESPN and FOX as well. It would be messy and take years to litigate, by which time the GoR would have expired anyway. It's just not worth the headache for Texas and Oklahoma to try something like that, especially since I'm sure their lawyers have probably informed them that they would likely lose the case eventually. And I have to think ESPN has also told them not to challenge the GoR in court, as ESPN wouldn't want any of their media contracts being challenged in the future either. ** Edited by tarheelblue at 2/7/2023, 3:11:03 PM
Posted: 02/07/2023 at 02:53 PM ET
(In response to this post by WarHog38)

Thread Replies (52)

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Looks like I was wrong
OU_Sooner 02/03/23 09:53 AM ET
Baylor AD Mack Rhoades said today
Millpoint 02/07/23 08:12 PM ET
I still believe something will get worked out for them to leave in 2024**
Millpoint 02/06/23 07:50 AM ET
Now the B12 should hand them a league schedule with only each other for
VTCALS72 02/04/23 02:57 PM ET
ITs very simple you are in till 2025
Mercury 02/05/23 11:11 AM ET
An Update
OU_Sooner 02/03/23 05:06 PM ET
I have read that Texas & Oklahoma both still attend Big 12 meetings
WarHog38 02/07/23 02:02 AM ET
No "reducing" a GOR
TerryD 02/07/23 09:37 AM ET
I guess we need an Attorney
WarHog38 02/07/23 01:34 PM ET
An exit fee is very different from a Grant of Rights.
tarheelblue 02/07/23 02:53 PM ET
Well stated**
TerryD 02/08/23 12:02 AM ET
Not surprising at all, the TV Networks that are writing the checks are
Stech 02/04/23 06:05 PM ET
I think Fox is trying to stick it to E$PN**
Lakeridgehokie 02/03/23 06:27 PM ET
Or as TerryD would say, they are just looking out for themselves, they
Stech 02/05/23 07:42 AM ET
Self interest makes the world go round
TerryD 02/05/23 09:31 AM ET
Believe it or not…
Stech 02/05/23 10:30 AM ET
Its independence
TerryD 02/05/23 08:42 PM ET
Maybe there could be shared interest in ND access to the ACC championship?
Truthahn 02/06/23 12:55 PM ET
No idea, but my guess is ND would not be interested in schemes like this
TerryD 02/07/23 09:45 AM ET
Bleh...no ACC championship to a non member...ever**
RTFC 02/06/23 09:22 PM ET
ESPN does not want the world to see how easily a GoR can be cracked open
33laszlo99 02/03/23 08:33 PM ET
That would be nice, ESPN has earned it !**
FLKEYSHOKIE 02/03/23 06:56 PM ET
But so has Fox. They use the same cutthroat tactics.**
EDGEMAN 02/04/23 08:28 AM ET
Eat or be eaten**
VaTechHokiesACC 02/04/23 06:34 PM ET
Totally agree !**
FLKEYSHOKIE 02/04/23 04:14 PM ET
Just in case anyone thinks it will be easy to get out of the ACC before '36
Maroon Baboon 02/03/23 04:03 PM ET
Here's exactly what the Conference could do now...revise Bylaw 2.10.9
daveinop 02/06/23 10:42 AM ET
How do you separate.....
2hhoop3 02/06/23 02:38 PM ET
I'm admittedly taking a leap of faith
daveinop 02/08/23 04:10 PM ET
Who has suiters at this point?
VTCALS72 02/04/23 03:00 PM ET
It takes 8 votes to nul the Grant of Rights
Mercury 02/03/23 09:21 PM ET
I've heard 8 is the magic number
ren_hoek 02/05/23 09:06 AM ET
it isn't
daveinop 02/05/23 05:28 PM ET
Whether it takes 8 or 12 votes to get out of the GoR, it's never happening.
tarheelblue 02/07/23 03:28 PM ET
but hasn't it been repeated on the internet enough to be true???**
ren_hoek 02/06/23 01:03 PM ET
that's a good point**
daveinop 02/06/23 02:24 PM ET
Would the BIG..
MrFantastic! 02/04/23 09:58 AM ET
I don’t think the Big Ten wants anyone other than ND, and UNC is probably
reestuart 02/04/23 12:47 PM ET
The BIg would love GT and Atlanta market. Throw in stste of Fla. **
MrFantastic! 02/06/23 04:38 AM ET
And those 2 schools don't really want to be in the B1G.
tarheelblue 02/04/23 01:36 PM ET
The fact that the B1G only took TWO Pac-12 teams leads me to think that
Maroon Baboon 02/04/23 10:53 AM ET
Future of the ACC
Arch72Hokie 02/04/23 10:42 PM ET
Basketball doesn't matter that much regarding TV and realignment
TerryD 02/05/23 12:43 AM ET
For now, yes
ren_hoek 02/05/23 09:10 AM ET
Very well. Now how do you explain Kansas being left behind?
Maroon Baboon 02/05/23 12:20 AM ET
That and time...**
EDGEMAN 02/04/23 08:29 AM ET
ACC football had a lot of good coaches age out, just like basketball now,
Stech 02/03/23 07:35 PM ET
I think it is too early to determine how good Scheyer will be.
Hokester 02/06/23 10:17 AM ET
I agree it’s too early, my point is the turnover of iconic coaches creates
Stech 02/06/23 04:16 PM ET
Yep it looks like they stay until 2025 here is the SI full article(LINK)**
Stech 02/03/23 12:01 PM ET
Never say never, but...
33laszlo99 02/03/23 12:14 PM ET
Highest level of the fight is @ th TV Network level, ESPN benefits, not Fox
Stech 02/03/23 02:08 PM ET
Guess they did a cost benefit analysis to make that decision**
EDGEMAN 02/03/23 09:54 AM ET