Clemson's $140 million GoR move to leave ACC in jeopardy as FBS powerhouse seeks 6 conditions amid Tigers' lawsuit

Clemson v South Carolina
College Football: Clemson v South Carolina

On Wednesday, the Atlantic Coast Conference filed a countersuit against Clemson in response to earlier action by the university. The Tigers on Tuesday joined Florida State in a legal battle with the conference, suing it in a South Carolina court over exorbitant exit fees.

Clemson's attempt to navigate the $140 million exit fee and the conference Grant of Rights could leave the ACC in jeopardy. Nonetheless, the league is claiming the Grant of Rights, which belongs to ESPN is valid and binding, showcasing the intent to fight back against any potential exit attempt.

The drama within the ACC continues to get interesting as the league is currently in a legal dispute with its biggest schools at different courts in different states. In December the Seminoles filed their lawsuit in Florida, before the Tigers did the same in South Carolina on Tuesday.

However, in the complaint filed on Wednesday, The ACC contends, much like in the Florida State case, that North Carolina should be the jurisdiction for this legal dispute, rather than South Carolina or Florida. This is because contracts within the league are North Carolina contracts.

What the ACC sought in its complaint against Clemson

In a court document obtained by Chris Vannini of The Athletic, the ACC is seeking the court to enforce six conditions that will adequately block the potential exit of Clemson. These are:

#1, A declaration that withdrawal payment is valid and enforceable contract term applicable to Clemson.
#2, A declaration that the plain language of the Grant of Rights means what it says and that Clemson’s grant of rights is exclusive and irrevocable through the term, regardless of whether Clemson remains a Member Institution.
#3, A declaration that by accepting millions of dollars of benefits under the Grant of Rights and as a Member Institution that has operated under the Grant of Rights for more than a decade, Clemson is equivocally stopped from attacking the validity of the withdrawal payment or the Grant of Rights or, in the alternative, has waived the right to do so.
#4, A declaration that Clemson owes fiduciary duties to the ACC as a Member Institution.
#5, Damages for Clemson’s breach of Grant of Rights.
#6, Damages for Clemson's breach of covenant of good faith and fair dealing.

It remains to be seen where this takes us. While the likes of Florida State and Clemson are seeking to leave the ACC for better financial opportunities, the conference is fighting back to ensure it doesn't suffer the fate of the Pac-12 in the collegiate athletics landscape.

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Edited by Neha
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