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Miami at Arkansas St canceled: won't be made up
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ark30inf Offline
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Post: #21
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:44 PM)arkstfan Wrote:  
(09-06-2017 12:42 PM)Frank the Tank Wrote:  
(09-06-2017 12:23 PM)chiefsfan Wrote:  
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.

The clause very specifically states that option only exist if it is impossible for Miami to travel to Jonesboro for the game

ESPN offered moving the game up a couple days. Miami refused. By doing that, they must fulfill the buyout.

It's not a clear case. "Impossibility" isn't necessarily the fact that the game can or can't be played in Jonesboro, but rather whether all parties are able to fulfill all aspects of the agreement and if this is a force majeure situation. Miami could argue that it is a force majeure situation because the fact that they could arrive to play the game doesn't mean that they'd be able to return home. We can argue whether or not it would actually be safer for Miami players to be in Jonesboro when a hurricane is hitting Florida, but regardless of how one feels about those circumstances, Miami could probably reasonably demonstrate that it would incur additional costs for lodging those players longer, re-chartering a jet for a different date, and other expenses that would have not come up but for the force majeure situation. Was Arkansas State offering to meet any of those additional costs that Miami would have incurred (particularly since many of these college football scheduling agreements have fairly specific expense reimbursement clauses)? If so, then Arkansas State might have more of a case. However, if Arkansas State is just relying upon a liquidated damages clause in this situation, claiming that the game could have been played, and stating that the force majeure clause doesn't apply, I don't think that would hold up.

The practical nature of these situations is that the parties will meet somewhere in the middle (e.g. the liquidated damages amount minus the expenses that Miami would have incurred by having to stay additional days in Jonesboro) because neither party has a 100% clear cut case.

Right now I'm hearing Miami's position on damages is sue us.
Inconvenient and impossible aren't the same thing.
I'd say sue them then.

Will probably cost them more in the long run as other G5 AD's get more hesitant about scheduling Miami.

Stiffing a G5 on home game buyout is not a real good look.

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09-06-2017 12:55 PM
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_C2_ Offline
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Post: #22
RE: Miami at Arkansas St canceled: won't be made up
@4x4

They have plenty of time to do both. They could have their parents, friends, siblings, girlfriends, etc... handle that. They could then fly to play. It's an excuse not to play. Does FIU not have that issue as well?

Don't get me wrong, I can understand that to some degree but I'm not buying it as the primary motive for not playing.
(This post was last modified: 09-06-2017 01:03 PM by _C2_.)
09-06-2017 01:02 PM
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4x4hokies Online
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Post: #23
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 01:02 PM)_C2_ Wrote:  @4x4

They have plenty of time to do both. They could have their parents, friends, siblings, girlfriends, etc... handle that. They could then fly to play. It's an excuse not to play. Does FIU not have that issue as well?

Don't get me wrong, I can understand that to some degree but I'm not buying it as the primary motive for not playing.

Say that they all have someone to look after their belongings and family. They go to this game then might not be able to return until Monday or Tuesday at the earliest.

This week's practices will be disrupted, next weeks practices will be disrulted and they have an important conference matchup next week.

Doesn't seem worth the risk to anyone to play an exhibition in Arkansas.
09-06-2017 01:17 PM
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arkstfan Away
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Post: #24
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 01:17 PM)4x4hokies Wrote:  
(09-06-2017 01:02 PM)_C2_ Wrote:  @4x4

They have plenty of time to do both. They could have their parents, friends, siblings, girlfriends, etc... handle that. They could then fly to play. It's an excuse not to play. Does FIU not have that issue as well?

Don't get me wrong, I can understand that to some degree but I'm not buying it as the primary motive for not playing.

Say that they all have someone to look after their belongings and family. They go to this game then might not be able to return until Monday or Tuesday at the earliest.

This week's practices will be disrupted, next weeks practices will be disrulted and they have an important conference matchup next week.

Doesn't seem worth the risk to anyone to play an exhibition in Arkansas.

What happens if they go ahead and evacuate and can't come back?
09-06-2017 01:19 PM
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IWokeUpLikeThis Offline
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Post: #25
RE: Miami at Arkansas St canceled: won't be made up
Are there examples of past games being cancelled because "next week's practices might be disrupted"?
09-06-2017 01:32 PM
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MinerInWisconsin Offline
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Post: #26
RE: Miami at Arkansas St canceled: won't be made up
If ASU, instead of pushing Nebraska to the limit, had been slaughtered by the Cornhuskers, I'm thinking Miami would have made the same decision as all other Florida schools and played the game as scheduled.
09-06-2017 01:32 PM
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BullsFanInTX Offline
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Post: #27
RE: Miami at Arkansas St canceled: won't be made up
Miami is potentially about to be hit by one of the strongest hurricanes EVER, and we are worrying about a football game? Great decision by Miami putting the needs of their players and families first. A large part of their players are from Miami, and their homes are about to get plastered. Football is secondary. Too bad, so sad for Ark State unfortunately, but this is more important...by far. I can't even believe it's up for debate.
09-06-2017 01:41 PM
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Cyniclone Offline
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Post: #28
RE: Miami at Arkansas St canceled: won't be made up
So what would have happened had Irma been much weaker or taken a definitive turn away from the U.S. coast? Would Miami have conjured up another reason to bail? Does anyone in good faith honestly believe that the Miami athletic staff's initial or predominant reaction to the news that one of the strongest hurricanes in Atlantic Basin recorded history is a significant threat to directly impact their campus is Hey, we can use this as an excuse to not play Arkansas State! Because that seems to strain credulity.

They may well be making a wrong (or at least morally questionable) decision by cutting bait on the game. But what FIU, FAU and UCF do has no bearing on how they want to handle it. They're a different institution with different people in charge that may govern by different philosophies. And this is the choice they've made.
09-06-2017 01:46 PM
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quo vadis Offline
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Post: #29
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 12:23 PM)chiefsfan Wrote:  
(09-06-2017 12:15 PM)BullsFanInTX Wrote:  There is a weather clause in contract to get out of game. The clause does not say that weather has to affect the home team in Arkansas. It just says game can be cancelled due to weather (which just happens to be affecting Miami). Game does not have to be made up if there are no dates available. Read the game contract.

The clause very specifically states that option only exist if it is impossible for Miami to travel to Jonesboro for the game

ESPN offered moving the game up a couple days. Miami refused. By doing that, they must fulfill the buyout.

I'm starting to think that ArkST isn't going to get any money out of this. ESPN and ArkST can't second-guess Miami's decision that it is "impossible" under the circumstances to travel to Jonesboro. That decision can only be made by the school under the hurricane warning, not be second-guessed by anyone else.

And if it goes to court, I doubt a judge would second-guess either.

Plus, the optics of the situation are terrible for Ark State - Miami is under the gun of a major hurricane and you are going to try and squeeze $650k out of them because they have more important things to worry about than a football game? That will look like crass extortion.

The classy thing for Ark State to do is say "we understand Miami has bigger issues right now than a football game, we send our thoughts and prayers hoping that everyone at Miami is safe during the hurricane" and that's the end of it.
(This post was last modified: 09-06-2017 02:02 PM by quo vadis.)
09-06-2017 01:58 PM
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msm96wolf Offline
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Post: #30
RE: Miami at Arkansas St canceled: won't be made up
(09-06-2017 01:02 PM)_C2_ Wrote:  @4x4

They have plenty of time to do both. They could have their parents, friends, siblings, girlfriends, etc... handle that. They could then fly to play. It's an excuse not to play. Does FIU not have that issue as well?

Don't get me wrong, I can understand that to some degree but I'm not buying it as the primary motive for not playing.

Remember that includes travel to and from. You all will end up paying more in court costs than what you would get from Miami if you take it to court.
09-06-2017 01:58 PM
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