Miami (The U) in Boone next year (yes this is football)

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by CVAPP » Thu Nov 19, 2015 8:29 pm

NewApp wrote:It would be a measure of goodwill.
Goodwill would be honoring the terms of the contract. As in if we owe them money for opting out pay it as prescribed.

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Cincy App » Thu Nov 19, 2015 8:50 pm

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Cincy App » Thu Nov 19, 2015 8:54 pm

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Cincy App » Thu Nov 19, 2015 8:55 pm

Cincy App wrote:
Cincy App wrote:
CVAPP wrote:
appst89 wrote:My understanding has been that the deal is done on the Miami end and that the delay in the announcement has been because we are working out our side with regards to finding an opponent for NCCU.
If this is true we must have a very poorly constructed contract with NCCU. Contracts often contain remedies for non-performance. Surely we didn't enter a contract that obligated us to help the NCCU schedule a game if we chose to opt out. That would be ludicrous.
Game contracts tend to be fairly simple. I certainly have no inside information on our agreement with NCCU or arrangement with Miami though. My expectation is that our contract with NCCU contains a guarantee amount for the game along with a slightly less cancellation fee. However, ASU would not want to pay the cancellation fee. Thus, we are helping seek a replacement game for NCCU and likely would also reschedule our game with them to a later year. Basically, we are attempting to amend our contract with NCCU where NCCU will get rewarded with a second money game. Rescheduled games seem pretty common in today's college football environment but generally take a little time to work out.

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by CVAPP » Thu Nov 19, 2015 9:13 pm

Cincy App wrote: Game contracts tend to be fairly simple. I certainly have no inside information on our agreement with NCCU or arrangement with Miami though. My expectation is that our contract with NCCU contains a guarantee amount for the game along with a slightly less cancellation fee. However, ASU would not want to pay the cancellation fee. Thus, we are helping seek a replacement game for NCCU and likely would also reschedule our game with them to a later year. Basically, we are attempting to amend our contract with NCCU where NCCU will get rewarded with a second money game. Rescheduled games seem pretty common in today's college football environment but generally take a little time to work out.
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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Yosef » Sat Nov 21, 2015 7:34 am

CVAPP wrote:
NewApp wrote:It would be a measure of goodwill.
Goodwill would be honoring the terms of the contract. As in if we owe them money for opting out pay it as prescribed.
I think goodwill is going above and beyond the terms of the contract. I don't think it is considered goodwill if you are merely honoring the bare minimum of the contract.

We don't want someone to pull out of our contract at the last minute. If it's a done deal with Miami and we have signed the contract, what's the big deal in holding back an announcement until we help get NCCU squared away? Other schools take note of that so why not do what we can to build our image that other schools see?

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by McLeansvilleAppFan » Sat Nov 21, 2015 8:40 am

Yosef wrote:
CVAPP wrote:
NewApp wrote:It would be a measure of goodwill.
Goodwill would be honoring the terms of the contract. As in if we owe them money for opting out pay it as prescribed.
I think goodwill is going above and beyond the terms of the contract. I don't think it is considered goodwill if you are merely honoring the bare minimum of the contract.

We don't want someone to pull out of our contract at the last minute. If it's a done deal with Miami and we have signed the contract, what's the big deal in holding back an announcement until we help get NCCU squared away? Other schools take note of that so why not do what we can to build our image that other schools see?
And this is a sister school in the UNC system. No sense not trying to help a fellow public university. Teach a subtle lesson to others with UNC tied to their name.
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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by CVAPP » Sat Nov 21, 2015 12:27 pm

McLeansvilleAppFan wrote:
Yosef wrote:
CVAPP wrote:
NewApp wrote:It would be a measure of goodwill.
Goodwill would be honoring the terms of the contract. As in if we owe them money for opting out pay it as prescribed.
I think goodwill is going above and beyond the terms of the contract. I don't think it is considered goodwill if you are merely honoring the bare minimum of the contract.

We don't want someone to pull out of our contract at the last minute. If it's a done deal with Miami and we have signed the contract, what's the big deal in holding back an announcement until we help get NCCU squared away? Other schools take note of that so why not do what we can to build our image that other schools see?
And this is a sister school in the UNC system. No sense not trying to help a fellow public university. Teach a subtle lesson to others with UNC tied to their name.
OK, let's call honoring the terms of the contract good faith, and doing what we can to help NCCU find a replacement game goodwill. I am not opposed to either as long as goodwill does not stand in the way of inking the deal with Miami ASAP! The road to hell is paved with good intentions.

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Yosef » Sat Nov 21, 2015 12:30 pm

CVAPP wrote:
McLeansvilleAppFan wrote:
Yosef wrote:
CVAPP wrote:
NewApp wrote:It would be a measure of goodwill.
Goodwill would be honoring the terms of the contract. As in if we owe them money for opting out pay it as prescribed.
I think goodwill is going above and beyond the terms of the contract. I don't think it is considered goodwill if you are merely honoring the bare minimum of the contract.

We don't want someone to pull out of our contract at the last minute. If it's a done deal with Miami and we have signed the contract, what's the big deal in holding back an announcement until we help get NCCU squared away? Other schools take note of that so why not do what we can to build our image that other schools see?
And this is a sister school in the UNC system. No sense not trying to help a fellow public university. Teach a subtle lesson to others with UNC tied to their name.
OK, let's call honoring the terms of the contract good faith, and doing what we can to help NCCU find a replacement game goodwill. I am not opposed to either as long as goodwill does not stand in the way of inking the deal with Miami ASAP! The road to hell is paved with good intentions.
Agreed except that honoring a contract is not good faith either. It's a legal obligation that has legal and financial consequences if we choose to not honor the contract.

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by CVAPP » Sat Nov 21, 2015 12:47 pm

Yosef wrote:Agreed except that honoring a contract is not good faith either. It's a legal obligation that has legal and financial consequences if we choose to not honor the contract.
Whatever, you have lost me in your thoughts. Here's a thought to ponder. There's a difference between exercising an option and breaching a contract.

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Yosef » Sat Nov 21, 2015 3:15 pm

My wife (lawyer) would shoot me if I let someone think that honoring a contract was simply goodwill or good faith. Once a contract is executed, you don't have a choice. You have to honor that contract (including the terms of all options outlined in said contract). Goodwill would be considered anything that goes beyond the obligations of each party in the contract and therefor not outlined in the contract.

Saying that honoring the contract is an act of goodwill is completely inaccurate and if anyone thinks that, I'm betting they end up on the losing end of a contractual dispute down the road. I don't want anyone on here to be on that losing end is all!

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Re: Miami (The U) in Boone next year (yes this is football)

Unread post by Rekdiver » Sat Nov 21, 2015 6:49 pm

You married a lawyer? What were you thinking?

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Miami (The U) in Boone next year (yes this is football)

Unread post by Yosef » Sat Nov 21, 2015 7:04 pm

Rekdiver wrote:You married a lawyer? What were you thinking?
I was thinking of golfing two mornings a week while being retired in my late 20s but she does public service now so I slave away at my corporate job instead!

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