(03-05-2018 08:01 PM)msm96wolf Wrote:  

(03-05-2018 07:51 PM)Tom in Lazybrook Wrote:  

(03-05-2018 07:19 PM)quo vadis Wrote:  

(03-05-2018 06:46 PM)YNot Wrote:  I'm not as confident as Quo on the rescheduling issue. I think it is reasonable for Arkansas St. to demand Miami reschedule the game sooner. Miami has not proven the inability to play the game in 2021 - just a strong desire to have an FCS home game instead of a road game at Arkansas St.

True, but on the other hand, ARK hasn't proven an inability to play in 2024 either - the too just have a strong desire to play it sooner rather than later, and again, IMO the contract doesn't seem to say anything about playing sooner or later.

How about this: schedule it when Miami wants, in 2024, but boost the buyout significantly, from say $650k to $1 million. If Miami wants their preference then they can pay more for it.

I think the buyout should be a lot more punitive, seeing as Miami has apparently no interest of ever playing in Jonesboro.

I think that any additional buyout should have no FM provisions. Show up or pay up. And Miami should pay interest at 5 percent or so on the 650k from 2017 to the date of the game (or the date of the payoff).

The contract should have a special provision if Miami tries to cancel the game, again at the last minute, thus making it impossible for them to reschedule another good home game.

So here's what would be fair

1) Game in 2024
2) Miami pays Arkansas State 5% interest on the 650k between 2017's cancellation and the game date ($310,000).
3) 1.2 Million if cancelled prior to 2022. 2.4 million if cancelled before 2023. 4.8 Million if cancelled after that.
4) No FM clause in the contract. Only out in the contract is Arkansas State's.

BTW, the amount of interest at 5 percent a year on 650000 from 2017 to 2024 is 310,000. Its not a nominal amount. That's what Miami's decision to not play Ark State and substitute a game in 2024 for it will cost Arkansas State. And Arkansas State is willing to just eat that interest until 2021, which represents 179,000 dollars. But that's not good enough for Miami.

Basically the value of 650,000 in 2024 today is 340,000.

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If you give Miami an out, they'll take it. They already had a really low buyout, but even that's not good enough for them.

Miami or any other sane team would ever agree to this. It would be a flat fee. Again, I get Miami in theory could owe nothing for the FM clause, but it seems a 500K buyout would have been the best option. Only winners will be the lawyers and courts. I don't see either side getting court costs paid by the other however I am not a lawyer or stayed at a Holiday Inn Express.

If Miami was actually planning on playing the game in 2024, I see no reason why they wouldn't agree to it. No payment required if you show up. And the 310,000 payment is actually for damages incurred by Ark State as the proximate result of Miami's unilateral decision to delay paying Ark State back for the home game for 7 years. Basically unless Miami is simply looking to stiff Ark State - again, then I see no reason why they'd lose anything on this new deal. And they get their FCS game in 2021. They just have to pay Ark State the cost of the float.

It really wouldn't cost Miami anything other than the cost of their decision plus protection for Arkansas State in the event that Miami isn't negotiating in good faith.

The team could have travelled, and other teams similarly situated would have. Miami's use of the FM clause appears to be pretty weak. FIU and FAU did travel. I fail to see how Miami was different.

And if the FM clause is valid in this case, why even bother offering a date in 2024? Just say, there was a hurricane somewhere and because of that 'thanks for the free home game chumps'.

Seeing as UM probably has no intention of travelling to Jonesboro in 2024 or ever, and is likely simply using the offer of a 2024 game as some sort of way to avoid paying anything (which assuming a 5% interest rate, amounts to an effective discount on the payout of 310,000) then why wouldn't Arkansas State sue if they thought they could win the case. $310,000 buys a lot of legal work (which is the approximate amount Miami is stiffing Ark State on by delaying the game)

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You know, Miami could just play the game in 2021 and make Arkansas State eat the 178,000 in deferred interest from 2017 to 2021. Ark State is willing to do that. Even now, Arkansas State is being far more reasonable.

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This same bs happened to South Alabama last year. We lost an away game at LSU because they decided to cancel our game at the last minute as a result of a hurricane in another week impacting the Florida LSU game. In that case, LSU did the right thing (they really weren't the bad guy in all of this-UF was). They paid the full buyout to USA (which IIRC was in the 1.5 million range) and they might have even paid Presbyterian's costs to travel to USA so that USA would have 12 games that year. That was fair. It still sucked, but at least USA couldn't claim they were put out financially.

Just because you're a P5 doesn't mean that you can just ignore deals you've made.

BTW, Arkansas State gets around 2 million for a payday game nowadays. Miami didn't provide a favor to State for scheduling this game, but saved paying some team like Georgia State a similar amount by agreeing to a home and home.