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YOUR BALANCE
Couple questions about GOR
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Couple questions about GOR


Jul 6, 2022, 11:27 AM

If a team were to manage to leave the conference during the term and pay the enormous buy out would that void the agreement for the rest of the league upon their departure since a named member is no longer a part of the agreement? If so, could a conference and a group of say 3 teams join together and split the cost of one of them leaving, paving the way for the other 2 to jump ship once the agreement is void?

The other question

The way I read the GOR it states that members must acknowledge, upon entering the agreement, that by entering it they are breaking no laws. But this is at the time of the agreement being signed. Could, say, the SC legislature pass a law stating that state funded colleges cannot enter into agreements granting their sports media rights for longer than 10 years and that all current contracts in violation are hereby void. The GOR doesn't protect against any future laws. It would then be against the law. ACC would try to sue the state of SC maybe but probably would fail and likely not have the money to do so once the other states do the same thing and ESPN tears up the contract.

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Re: Couple questions about GOR


Jul 6, 2022, 11:29 AM

it would effectively open the door for a new deal to be struck and also open the door for other schools to leave.

that’s why it’s basically an arms race to see which acc school can exit first.

also the GoR deal doesn’t specify which state laws it is governed by. This will be a huge challenge in court as well.

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Re: Couple questions about GOR


Jul 6, 2022, 12:06 PM

It is not for us to understand or worry about things above our paygrade. Everybody on this site has an opinion but nobody at Clemson, ESPN or the ACC office cares so just wait and see what happens.

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Re: Couple questions about GOR


Jul 6, 2022, 1:01 PM

And then there’s that pesky point of message boards where people like to discuss things anyway. Darn it.

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Re: Couple questions about GOR


Jul 6, 2022, 1:50 PM

The Athletic had a good "how would you get out of a GoR deal early" article by a lawyer who has examined the papers.

Bottom line is that he thought negotiating a settlement was the safest route. No clear paths with lawsuits. (He was also surprised at how short the agreement was with little detail - how many schools does it take to cancel the agreement, for instance? It isn't specified - majority, super-majority, unanimous consent? He also noted that it was clearly provided to the leagues by ESPN lawyers.)

But he did address the question in your last paragraph. If the S.C. (or any other) state legislature passed a law to attempt to invalidate Clemson's (or anyone else's) participation in the GoR, courts would throw that out, as it is not the job of a legislature to help entities get out of contracts that they freely negotiated and now regret.

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Re: Couple questions about GOR


Jul 6, 2022, 2:12 PM

It does specify how it is to be amended under Clause 8 Miscellaneous

https://wwwcache.wralsportsfan.com/asset/colleges/ncsu/2022/07/05/20361238/ACC-Grant-of-Rights-1-DMID1-5vgd1w2if.pdf

I also don't agree with him on the courts because it is the job of the legislature to ensure that state entities do not enter agreements that jeopardize tax payer money.

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Re: Couple questions about GOR


Jul 6, 2022, 2:19 PM

Here's another interesting line as part of Clause 8 Miscellaneous (the very last line).

"Should any provision of this Agreement be determined to be invalid or unenforeable, such shall not invalidate this Agreement, but such provision shall be deemed amended to the extent necessary to make such provision valid and enforceable and which as closely as possible reflects the original intent of the parties".


So if a law is passed in one of these states saying future media rights can not be signed over for more than 4 years at a time, according to this contract 2036 would be unenforceable and would be deemed amended to 4.

Any Lawyers in the house?

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