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[QUOTE="Crusty, post: 813873, member: 2265"]
They certainly are hypothetical rather than actual. What happened in the Big East did not happen in the ACC. UNC and UVA did not leave. Only actual damages can be recovered in court. If the court determines that the $52 million is excessive based on the impact of MD leaving they will view it as a penalty. Here is a test for you - what are the actual damages the ACC has suffered with MD leaving? If you can't answer that then the LD may very well be disproportionate to the actual damages and therefore  a penalty.

Even if the worst happened and FSU had left for example, you could not necessarily attribute their decision to MD leaving. Everyone has courted FSU for a long time and it would be hard to convince anyone that FSU made a decision to leave based on what MD did. It would be pure speculation.

Now, I think MD is screwed and the NC judges will find a way to uphold the exit fee probably by declaring it reasonable. They might not even explain why.
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