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re: Rumors that FSU and Clemson joining SEC. Announcing on 10/10.

Posted on 9/28/23 at 3:23 pm to
Posted by twk
Wichita Falls, Texas
Member since Jul 2011
2174 posts
Posted on 9/28/23 at 3:23 pm to
quote:

[quote]The settlement left the athletics directors at some of the continuing Big 12 schools “kind of dumbfounded,” Kansas State athletics director Gene Taylor said. “We fought back as hard as we could,” but he said the conference’s lawyers advised them, Yormark and the schools’ presidents and chancellors that the bylaws were “not as rock-solid as everybody thought and we could be tied up on lawsuits forever.”[quote]

Link: USA Today

It is believed that Texas and Oklahoma finally found a way out of the GOR.. and the ACC supposedly used the same GOR as the Big 12.

If that is true.. it would be pretty easy to give this info to Clemson and FSU.
You are confusing two different things: the exit fee in the bylaws (2 years of withheld revenues) and the grant of rights. The lawyers were talking about the liquidated damages clause of the bylaws, and whether or not withholding two years revenue would stand up in court as a reasonable estimate of the Big XII's damages from OU and Texas leaving. There was a faction that just wanted to move on, and was willing to use the lawyer hedging on this (and ESPN's willingness to kick in a little money) as a justification to cut OU and Texas loose a year early. OU and Texas didn't find a way to invalidate the grant of rights: the situation on the ground just became such that the Big XII decided they would be better off letting them go in order to make room for the new additions.
Posted by MOJO_ERASER
Tulsa Oklahoma
Member since Jun 2017
5839 posts
Posted on 9/28/23 at 3:30 pm to
The big 12 was told by lawyers thier iron clad deal wasn’t so iron clad and they may need to show good faith in rivisng exit fees. ACC now probably feels like the have some issues like that as well but the year difference was 1-2 years in big 12 compared to 9-10 in acc I don’t know how they get out unscathed.
This post was edited on 9/28/23 at 3:31 pm
Posted by The Scofflaw
Metairie, LA
Member since Sep 2014
972 posts
Posted on 9/28/23 at 3:31 pm to
This is correct. You have a duty to mitigate damages, and it would've been a long process to prove an amount when they had new members coming in, so it was better in the end for all parties to settle and move on.
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