08-25-2010, 04:49 PM
Interesting provision.
4. The WAC and its members and BYU, agree that all current members of the WAC (except Louisiana Tech and Boise State, which has already given notice of its withdrawal) will not join any other conference or athletic conference from the date of adoption of this resolution through June 30, 2016, contingent upon BYU agreeing that it will not join any other conference or athletic conference from the date of entering a contract with the WAC through June 30, 2016.
I suspect that BYU had not tendered an agreement to not join another league and not executed a contract with the WAC at the time Nevada and Fresno State gave notice. They've got a decent argument that they owe $0 of that penalty because the contingency (BYU agreement and contract) had not happened.
4. The WAC and its members and BYU, agree that all current members of the WAC (except Louisiana Tech and Boise State, which has already given notice of its withdrawal) will not join any other conference or athletic conference from the date of adoption of this resolution through June 30, 2016, contingent upon BYU agreeing that it will not join any other conference or athletic conference from the date of entering a contract with the WAC through June 30, 2016.
I suspect that BYU had not tendered an agreement to not join another league and not executed a contract with the WAC at the time Nevada and Fresno State gave notice. They've got a decent argument that they owe $0 of that penalty because the contingency (BYU agreement and contract) had not happened.