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What is the ACC saying in their countersuit? Look at points 6-8...
Tiger Boards - Clemson Football
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Replies: 3
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What is the ACC saying in their countersuit? Look at points 6-8...

4
Mar 21, 2024, 8:58 AM
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6) "The Conference have and recover of Clemson damages for its breaches of the Grant of Rights and Amended Grant of Rights in an amount to be proven at trial but which the Conference reasonably believes will be substantial;"

7&8) "The Conference have and recover of Clemson damages for its breach of its duty of good faith and fair dealing in an amount to be proven at trial but which the Conference believes will be substantial; and, This Court order such further relief as it deems just and appropriate."



It looks like they are preemptively asking to recover damages from Clemson for breaching the G.O.R. They apparently believe this will be substantial. Here's what it sounds like to me...

1. Clemson hasn't breached the GoR, so I'm not sure how you can preemptively ask to recover damages for something that hasn't happened.

2. They are essentially admitting that Clemson's media rights have substantial value, arguably moreso than what the conference has negotiated up until this point. This also admits that Clemson would receive "substantially" more for their media rights elsewhere.

It appears to me the ACC is indicting itself here.


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No one ever said The ACC was smart...***

1
Mar 21, 2024, 9:22 AM
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I'm not a lawyer but my understanding after reading about it is that these suits

1
Mar 21, 2024, 9:28 AM
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Are seeking declarative judgments to clarify points of law. Clemson is seeking for a court to rule that the contract means what they think it does and the ACC is doing the same. So my assumption is that all of these points in the filing refer to what WOULD happen if Clemson attempted to violate the contract.

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agreed... I just find it interesting the ACC is essentially saying that any


Mar 21, 2024, 9:33 AM
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violation by Clemson and it's media rights would have a "substantial" financial impact. They are saying that our media valuation is much higher than what the ACC currently negotiated.

interesting times

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Tiger Boards - Clemson Football
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