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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Nothing happens with the ACC grant of rights. [b]The Big Ten has trapped the SEC into the southeast [/b]while it has East and the Atlantic, North and the Great Lakes region and West SW and the Pacific. The SEC will be adding teams from the ACC in 2036.[/quote]

The SEC has not shown any interest in expanding beyond the Southeast and Texas/Oklahoma.

Regarding 2036, it seems doubtful that the ACC will last that long under the current payment structure. Too many teams want to get out of the ACC contract. The ACC either needs to restructure payments or to expand and get a renegotiated contract.[/quote]

Renegotiating opens the door to schools leaving or getting unequal payments. FSU blusters every year, but they have no way out. If there was a way to break the GoR, it would already be broken. The teams wanting to get out are going to take a long look at what happened to Cal and Stanford and wonder why they would be treated any differently. [/quote]

1) The GOR is iron-clad.

https://www.tiktok.com/@ricoknows/video/7263626417080978734?_t=8eacyTmPgnG&_r=1

2)almost  ACC schools are better off and have zero incentive to dissolve it
3) ESPN has a great deal and would require full payment .
4) the Big Ten would want to have nothing to do with any institution that stops at nothing to weasel out of a signed contract 
5) all of the ACC schools have alumni base size/political/media weakness issues.[/quote]

You do not know if points #1, #2, #3, #4, and #5 are true. You are just guessing. My opinion is that I do not agree with any of your 5 points. Did these 5 points come from the tictok video ?[/quote]

Not PP.  [b]But no doubt it is iron clad and will require the agreement of each member to change.  There is no way out.[/b]  If you read it you can see that it was entered into with what is playing out now in mind.  So I agree with #1.  #2 may be an overstatement but there are enough schools with no interest in breaking GOR that it is same difference.  #3 is just true absent a renegotiation.  #4 is false.  Big10 now a full whore.  Will do anything.  #5 is not true for a couple of schools but true for the rest.

To break the GOR all would have to agree.  The 7 plus GTech would agree if there had Big10 and SEC homes.  Wake, Louisville and Syracuse can be bought off most likely and move somewhere.  Duke and BC not likely to do anything unless they also have a home.  Neither would fit in Big12.

ACC should push on ND and take Stanford, Cal and grab a couple of more out West so they can stay the #3 conference.  [/quote]

Agree to an extent, but also disagree.

What do commentators mean by the term "ironclad" ?

In my view, "ironclad" means little more than damages are likely to be assessed if a party in breach of a contractual agreement is sued and loses in court. In plain English: This is a dispute about money.

A substantial issue is how to assess any damages incurred--if any at all--since there is no liquidated damages clause regarding the GOR (grant of rights), but there is a clear formula for the exit fee.

Damages beyond the $120 million exit fee could be zero. Or the plaintiff could claim "unjust enrichment", but that might be a very weak argument after paying a $120 million exit fee.
[/quote]

(This is OP continuing):

A central issue might be whether or not the ACC/ESPN/Disney could obtain an injunction against any team that chooses to leave the ACC prior to 2036. If the answer is no, then it is simply a money issue which is a question of assessing damages, if any, in terms of money.

Could an argument be made that the $120 million exit fee covers payment for a release from the GOR as well as from ACC membership ? Of course such an argument can be made.

Many legal issues are present which have not been addressed in anything that I have read.
[/quote]

[b]ESPN and Disney can't do anything about this at all.  They may be able to sue the ACC but not a school for leaving.[/b]  Could the ACC force a member to stay in -- no.  But the ACC still owns their media rights until 2036.  That means that the entity that gets the money from the Big10 or the SEC is the ACC.  The exit fee is another issue.  [b]No there is no argument that the GOR covers the exit fee.  [/b]

Again, anyone can leave.  [b]But they cannot profit from leaving until after 2036.[/b]  They will still get their ACC share.  It would work like this -- Big10 does not pay FSU they pay ACC.  ACC then pays the lower amount to FSU.

[b]Could they settle it for money -- sure.[/b]  But the number on the GOR based on what the schools will be getting from the SEC or the Big10 would likely be a couple or a few hundred million on top of the 120 million.  It may be more.  That is why FSU has investment bankers looking into how to raise this money so they can try to make an offer.  But such an offer is likely to be rejected by some of the schools [b]and it would take all of the schools to agree[/b].[/quote]

The only correct statement that I read in your post is: "Could they settle it for money--sure."

This statement almost certainly negates the possibility of one party being able to get a court judgment for "specific performance" as the basis for specific performance or other judgments in equity is that monetary damages cannot rectify the harm.[/quote]

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