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<blockquote data-quote="roadkill" data-source="post: 1004425" data-attributes="member: 1555"><p>I suspect that a primary reason that Clemson and FSU want to have their lawsuits decided by a friendly local venue is that the exit fee issue hinges on determining if it is a penalty, versus liquidated damages. The text says exit fee, but Clemson's suit quotes Jim Phillips saying it is a penalty. The fact that its calculation is tied to the ACC's operating budget, rather than something like the conference's media revenue, may give Clemson a reasonable argument that it is strictly a punitive measure and thus not enforceable.</p></blockquote><p></p>
[QUOTE="roadkill, post: 1004425, member: 1555"] I suspect that a primary reason that Clemson and FSU want to have their lawsuits decided by a friendly local venue is that the exit fee issue hinges on determining if it is a penalty, versus liquidated damages. The text says exit fee, but Clemson's suit quotes Jim Phillips saying it is a penalty. The fact that its calculation is tied to the ACC's operating budget, rather than something like the conference's media revenue, may give Clemson a reasonable argument that it is strictly a punitive measure and thus not enforceable. [/QUOTE]
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