T
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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
Thread Replies (52)
Baylor AD Mack Rhoades said today
-- Millpoint
Feb 07, 2023 at 08:12 PM ET
Millpoint
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02/07/23 08:12 PM ET
I still believe something will get worked out for them to leave in 2024**
-- Millpoint
Feb 06, 2023 at 07:50 AM ET
Millpoint
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02/06/23 07:50 AM ET
Now the B12 should hand them a league schedule with only each other for
-- VTCALS72
Feb 04, 2023 at 02:57 PM ET
VTCALS72
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02/04/23 02:57 PM ET
ITs very simple you are in till 2025
-- Mercury
Feb 05, 2023 at 11:11 AM ET
Mercury
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02/05/23 11:11 AM ET
I have read that Texas & Oklahoma both still attend Big 12 meetings
-- WarHog38
Feb 07, 2023 at 02:02 AM ET
WarHog38
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02/07/23 02:02 AM ET
An exit fee is very different from a Grant of Rights.
◄
-- tarheelblue
Feb 07, 2023 at 02:53 PM ET
tarheelblue
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02/07/23 02:53 PM ET
Not surprising at all, the TV Networks that are writing the checks are
-- Stech
Feb 04, 2023 at 06:05 PM ET
Stech
•
02/04/23 06:05 PM ET
I think Fox is trying to stick it to E$PN**
-- Lakeridgehokie
Feb 03, 2023 at 06:27 PM ET
Lakeridgehokie
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02/03/23 06:27 PM ET
Or as TerryD would say, they are just looking out for themselves, they
-- Stech
Feb 05, 2023 at 07:42 AM ET
Stech
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02/05/23 07:42 AM ET
Self interest makes the world go round
-- TerryD
Feb 05, 2023 at 09:31 AM ET
TerryD
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02/05/23 09:31 AM ET
Maybe there could be shared interest in ND access to the ACC championship?
-- Truthahn
Feb 06, 2023 at 12:55 PM ET
Truthahn
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02/06/23 12:55 PM ET
No idea, but my guess is ND would not be interested in schemes like this
-- TerryD
Feb 07, 2023 at 09:45 AM ET
TerryD
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02/07/23 09:45 AM ET
Bleh...no ACC championship to a non member...ever**
-- RTFC
Feb 06, 2023 at 09:22 PM ET
RTFC
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02/06/23 09:22 PM ET
ESPN does not want the world to see how easily a GoR can be cracked open
-- 33laszlo99
Feb 03, 2023 at 08:33 PM ET
33laszlo99
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02/03/23 08:33 PM ET
That would be nice, ESPN has earned it !**
-- FLKEYSHOKIE
Feb 03, 2023 at 06:56 PM ET
FLKEYSHOKIE
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02/03/23 06:56 PM ET
But so has Fox. They use the same cutthroat tactics.**
-- EDGEMAN
Feb 04, 2023 at 08:28 AM ET
EDGEMAN
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02/04/23 08:28 AM ET
Eat or be eaten**
-- VaTechHokiesACC
Feb 04, 2023 at 06:34 PM ET
VaTechHokiesACC
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02/04/23 06:34 PM ET
Just in case anyone thinks it will be easy to get out of the ACC before '36
-- Maroon Baboon
Feb 03, 2023 at 04:03 PM ET
Maroon Baboon
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02/03/23 04:03 PM ET
Here's exactly what the Conference could do now...revise Bylaw 2.10.9
-- daveinop
Feb 06, 2023 at 10:42 AM ET
daveinop
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02/06/23 10:42 AM ET
I'm admittedly taking a leap of faith
-- daveinop
Feb 08, 2023 at 04:10 PM ET
daveinop
•
02/08/23 04:10 PM ET
Who has suiters at this point?
-- VTCALS72
Feb 04, 2023 at 03:00 PM ET
VTCALS72
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02/04/23 03:00 PM ET
It takes 8 votes to nul the Grant of Rights
-- Mercury
Feb 03, 2023 at 09:21 PM ET
Mercury
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02/03/23 09:21 PM ET
I've heard 8 is the magic number
-- ren_hoek
Feb 05, 2023 at 09:06 AM ET
ren_hoek
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02/05/23 09:06 AM ET
Whether it takes 8 or 12 votes to get out of the GoR, it's never happening.
-- tarheelblue
Feb 07, 2023 at 03:28 PM ET
tarheelblue
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02/07/23 03:28 PM ET
but hasn't it been repeated on the internet enough to be true???**
-- ren_hoek
Feb 06, 2023 at 01:03 PM ET
ren_hoek
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02/06/23 01:03 PM ET
I don’t think the Big Ten wants anyone other than ND, and UNC is probably
-- reestuart
Feb 04, 2023 at 12:47 PM ET
reestuart
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02/04/23 12:47 PM ET
The BIg would love GT and Atlanta market. Throw in stste of Fla. **
-- MrFantastic!
Feb 06, 2023 at 04:38 AM ET
MrFantastic!
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02/06/23 04:38 AM ET
And those 2 schools don't really want to be in the B1G.
-- tarheelblue
Feb 04, 2023 at 01:36 PM ET
tarheelblue
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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
Feb 04, 2023 at 10:53 AM ET
Maroon Baboon
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02/04/23 10:53 AM ET
Basketball doesn't matter that much regarding TV and realignment
-- TerryD
Feb 05, 2023 at 12:43 AM ET
TerryD
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02/05/23 12:43 AM ET
Very well. Now how do you explain Kansas being left behind?
-- Maroon Baboon
Feb 05, 2023 at 12:20 AM ET
Maroon Baboon
•
02/05/23 12:20 AM ET
ACC football had a lot of good coaches age out, just like basketball now,
-- Stech
Feb 03, 2023 at 07:35 PM ET
Stech
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02/03/23 07:35 PM ET
I think it is too early to determine how good Scheyer will be.
-- Hokester
Feb 06, 2023 at 10:17 AM ET
Hokester
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02/06/23 10:17 AM ET
I agree it’s too early, my point is the turnover of iconic coaches creates
-- Stech
Feb 06, 2023 at 04:16 PM ET
Stech
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02/06/23 04:16 PM ET
Yep it looks like they stay until 2025 here is the SI full article(LINK)**
-- Stech
Feb 03, 2023 at 12:01 PM ET
Stech
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02/03/23 12:01 PM ET
Highest level of the fight is @ th TV Network level, ESPN benefits, not Fox
-- Stech
Feb 03, 2023 at 02:08 PM ET
Stech
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02/03/23 02:08 PM ET
Guess they did a cost benefit analysis to make that decision**
-- EDGEMAN
Feb 03, 2023 at 09:54 AM ET
EDGEMAN
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02/03/23 09:54 AM ET