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<blockquote data-quote="RonJohn" data-source="post: 1009783" data-attributes="member: 2426"><p>I am going to get too far into the weeds in this post, sorry.</p><p></p><p>First, I haven't seen proof that such an option actually exists for ESPN to completely withdraw from the contract. I am not saying no such option exists, but I don't know that it does. However, for this discussion, let's assume that it does exist and that ESPN informs the ACC in January that it is opting out of the ACC. The rumors are that in 2027 or 2028 there would no longer be an active contract between ESPN and the ACC. You are inferring that the "ESPN Agreement" would no longer exist, and thus this phrase would cancel the GOR: "<em>all rights (the "Rights'') necessary for the Conference to perform the contractual obligations of the Conference expressly set forth in the ESPN Agreement". </em>However there is a definition of the "ESPN Agreement" in the GOR. It is a document. Even if it isn't an active contract, there will still be an "ESPN Agreement" document that is defined in the GOR. There will still be obligations in that document, even if those obligations are no longer owed to ESPN. IOW, there will still be "obligations of the Conference expressly set forth in the (document defined in the GOR)". I can read that phrase and understand the way you understand. I can also read that phrase and understand that the obligations survive the cancellation of the agreement with ESPN since the "ESPN Agreement" document still exists.</p><p></p><p>I don't know what laws would apply. I don't know what case law exists around the laws that would apply. I don't know what jurisdiction would handle such lawsuits. I would assume that if that situation occurs, there will be lawsuits filed in at least: Florida, SC, NC, VA, and KY. Possibly in GA. Would there be four to seven individual lawsuits determining what the contract means, or would they all be moved to NC since that is the central location of all involved? None of that is clear to me. It would come down to words, phrases, and punctuation.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 1009783, member: 2426"] I am going to get too far into the weeds in this post, sorry. First, I haven't seen proof that such an option actually exists for ESPN to completely withdraw from the contract. I am not saying no such option exists, but I don't know that it does. However, for this discussion, let's assume that it does exist and that ESPN informs the ACC in January that it is opting out of the ACC. The rumors are that in 2027 or 2028 there would no longer be an active contract between ESPN and the ACC. You are inferring that the "ESPN Agreement" would no longer exist, and thus this phrase would cancel the GOR: "[I]all rights (the "Rights'') necessary for the Conference to perform the contractual obligations of the Conference expressly set forth in the ESPN Agreement". [/I]However there is a definition of the "ESPN Agreement" in the GOR. It is a document. Even if it isn't an active contract, there will still be an "ESPN Agreement" document that is defined in the GOR. There will still be obligations in that document, even if those obligations are no longer owed to ESPN. IOW, there will still be "obligations of the Conference expressly set forth in the (document defined in the GOR)". I can read that phrase and understand the way you understand. I can also read that phrase and understand that the obligations survive the cancellation of the agreement with ESPN since the "ESPN Agreement" document still exists. I don't know what laws would apply. I don't know what case law exists around the laws that would apply. I don't know what jurisdiction would handle such lawsuits. I would assume that if that situation occurs, there will be lawsuits filed in at least: Florida, SC, NC, VA, and KY. Possibly in GA. Would there be four to seven individual lawsuits determining what the contract means, or would they all be moved to NC since that is the central location of all involved? None of that is clear to me. It would come down to words, phrases, and punctuation. [/QUOTE]
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