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ACC files countersuit vs. Clemson after it sues conference over its grant of rights
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- ACC files countersuit vs. Clemson after it sues conference over its grant of rights
CLEMSON — Just like it did after Florida State sued it in December, the Atlantic Coast Conference filed a countersuit in Mecklenburg County, North Carolina, Wednesday against Clemson following the school's complaint regarding its grant of rights and exit fees.
According to Mecklenburg court records, the ACC is asking the court to rule that Clemson can't get out of the grant of rights, can't challenge the grant of rights and can't get out of the exit fee.
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"Yet in the wake of conference realignment elsewhere and new media deals involving other conferences, Clemsonhas changed course and seeks not only a home in a more lucrative conference, but claims that the agreements which it publicly endorsed do not mean what they say," the complaint states.
"... In so doing, Clemson breached its agreement to not 'take any action, or permit any action to be taken by others subject to its control … that would affect the validity and enforcement' of the Grant of Rights."
The ACC opened its complaint quoting Clemson president James Clement, who praised the ACC, the ESPN agreements and the amended Grant of Rights on June 21, 2016:
"The ACC is a great conference, and this increases the national exposure, brings in additional revenue and offers greater opportunity for student athletes. . . . For us and the Florida States and others, it stabilizes the conference long term."
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In Clemson's complaint, it argued that the ACC only owns Clemson's grant of rights if the school is in the ACC, not if it leaves.
The conference included the grant of rights in its legal filing, and the first line in clause No. 6 that states, "Each of the member institutions acknowledges that the grant of Rights during the entire term is irrevocable and effective until the end of the term regardless of whether the member institution withdraws from the conference during the term or otherwise ceases to participate as a member of the conference in accordance with the conference's constitution and bylaws."
MORE Clemson's lawsuit makes clear that its exit from the ACC is not a question of if but when
Another complaint Clemson argued was the $140 million withdrawal fee was "unconscionable and unenforceable." The conference added in its complaint that Clemson took part in and voted to increase the ACC's exit fee "three times the conference's annual operating budget."
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Similar to its countersuit against FSU, the conference included Clemson's signature page of the grant of rights and argued that the legal battle should take place in North Carolina, not South Carolina.
"The contracts at issue, the grant of rights, amended grant of rights, ACC constitution, and ACC bylaws, are North Carolina contracts that arose out of Clemson's membership in the conference," the complaint states. "Clemson executed the grant of rights and transmitted its signature pages to the ACC in North Carolina.
Clemson joined Florida State on Tuesday as the two ACC schools that have sued the conference. Both schools' complaints are in an initial legal step for both to potentially leave the conference.
Derrian Carter covers Clemson athletics for The Greenville News and the USA TODAY Network. Email him at dcarter@gannett.com and follow him on X, formerly known as Twitter, @DerrianCarter00
This article originally appeared on Greenville News: ACC countersues Clemson University over grant of rights, exit fees
