Here is the unsigned 2013 GoR that is publicly available on the internet. This is the initial GoR through 2027. An extension was secured by @theACC from all member institutions in 2016. Nothing changed other than the "good through" date to 2036.
Of note, @FloridaState was the last to sign and did so several days AFTER the other members schools (read into that what you wish; I believe it was hesitancy to comply). Nevertheless it was executed. Having this issue come up today (thanks, @DidTheACCDie) it is my first time looking at thris since the @ClemsonUniv lawsuit was filed.
I AM CHANGING MY MIND! I now agree (partially) with Clemson's interpretation. The ACC GoR is based entirely on the ACC's deal with ESPN and cannot exist as a valid, binding agreement without ESPN's media rights agreement. The entire first paragraph of the GoR mentions ESPN nine (9) times and makes no mention of any other potential media partners. The GoR was made at the request of ESPN, for the benefit of ESPN, and in conjunction with ESPN.
Paragraph seven mentions access to campus facilities FOR ESPN, not for "any ACC affiliated media partners". Any agreement designed to contemplate an existence beyond any ESPN media deal would/should have said after EVERY mention of ESPN, "or any other media partner with whom the ACC signs a material media rights agreement at the conclusion of the ESPN Agreement." But the GoR did not say that. The GoR, conclusively, requires the existence of an ESPN Agreement for it to exist.
I apologize to those I maligned or suggested otherwise. Of note...I am not a judge. My opinion on this matter carries no weight. But a simple reading of the plain meaning of the GoR confirms (to me) that if
@espn exercises it's option before February 2025 for the years 2027-2036, the GoR has value as alleged by FSU totaling $542M.
In the event ESPN does not exercise it's option to extend the ACC Media Rights Deal, the GoR ceases to have any value and is unenforceable. I disagree with Clemson that the member has the right to withdraw and sever the GoR. This event is contemplated in the contract by saying "regardless of whether such Member Institution remains a member of the conference during the entirety of the Term…”
247sports.com
