Who is the Razorback Foundation Attorney....

That made the $6mm yo $10mm mistake of not including the formula in the public contract in the RF agreement?

Whoever it was I hope he or she is no longer in the employ of the Foundation.

What a screw up and it appears to me whoever else had to sign off on it failed in their fiduciary responsibilities to the donors. It’s pretty darn clear if the RF language has mirrored that of the public contract the buyout would be around $6mm.

http://www.wholehogsports.com/news/2017 … erms-reve/

So what happens when you have two conflicting binding legal documents? Arbitration? Let a judge decide? Does one trump the other, and if so, which one?

If my reading of it is correct then the RF document supersedes the public, university contract.

Long was lauded by some on here as a shrewd negotiator when the ADG analysis of the UA contract put the buyout amount amount at $5.8mm and he may well have been.

It begs the question - was the omission of the formula in the RF agreement a VERY costly oversight or was it intentional for some reason. The public thinks it’s $5.8 but in reality it’s much higher and nobody is ever supposed to know given the Foundation is not subject to FOI laws and only were in this instance because the RF agreement was found in a UA file.

I’ve thought it for awhile and now am convinced of it…the Foundation would do well to have a little more sunshine.

We will probably never know, but the intentional part actually sounds plausible.

Whoever signed off on Bielema’s buyout agreement AND Long’s buyout agreement made a very expensive mistake, and should be held accountable.

Without knowing all the facts it is hard to say, but the general rule is that when contact terms are ambiguous, the ambiguity cuts against the maker of the contract. Which I assume in this case is the University.

Impossible to know how it ought to turn out without having the two agreements in front of us to read and analyze. Contract interpretation is an issue of law, and judges rather than juries decide issues of law — that is, what contracts say and require. Only if the judge decides there is an ambiguity in Bielema’s contract(s) when read together will a jury (or trier of fact) get involved. The jury will be asked to decide factually what the parties intended at the time of contracting by hearing what is called parol evidence — testimony as to what was said and done during contracting, to divine intent. The judge will then apply the jury’s finding on intent to rule, legally, what the contract means.

But there are many rules of contract construction that judges apply first to harmonize contract language and avoid finding an ambiguity. These rules are too complex to discuss here. Construing language against the drafter can be one of those rules. But suffice it to say you’d really need to have both agreements to know whether there is a way to harmonize them and avoid ambiguity.

And, by the way, sometimes skilled negotiators will intentionally insert ambiguous language into contracts to allow for negotiating room later. Insurance companies, for example, do that all the time. Could be what happened here. I have no idea.

You had some very rich “Malzahnistas” that were willing to throw out the baby and the bathwater to bring their little Gussy home. They got played by their golden child and his agent and so we got stuck with a big bill to pay for their obsession to have him come home. You want some accountability… thats where you start looking.

I apologize if this seems trollish, but the whole way this situation went down and has played out just really pisses me off. It seemed so full of backroom politics and mis-information that it almost reads like a Tom Clancy novel.

Votan, You hit it right on the head. My exact feelings and I think those cats plus the WMS crowd should pony up. The whole reason for blowing up everything was to get Gus here and keep games in LR.

Votan, you obviously share my feelings about Gus and his followers. Why, in your opinion, is the Arkansas media reluctant to ever question ANYTHING Gus ever does? They (including HI insiders) act like they are scared to touch him with a ten foot pole. It drives me crazy.

Long Gone - check
Bielema Gone - check
A spread coach hired - check
WMS hosting an SEC game in 2018 and likely beyond - check

My God - I’ve gone from darksider to happier than a pig in slop!

WPS!!!

I think Long gone and WMS games was both part of the same action. I never understood the desire
of some of our fans wanting to play games in a dump. WMS is a dump, it has been for years. I know
there was a time when NWA was underdeveloped and they needed WMS to help pull in the whole
state, but those days are over. Change comes to all things, we need to stop wanting to use the horse
and buggy and realize we have a porche that we need to drive every chance we get!

How many other universities out there that play P5 football try to have 2 home stadiums? How many?
Would that be none? Its hard to go steady with 2 women, you will always suffer!

Playing In WMS - with the improvements that are needed and will come - is important to keeping the Razorbacks the statewide institution they’ve been for the last 60 + years.

Glad the PTB’s realize this.

Completely agree but I would call it a Grisham novel :smiley:

I don’t talk about Gus because he doesn’t coach here. I have no interest in his day-to-day activities or discussing them. That is not where my focus is.

I have heard nothing to suggest improvements are coming to War Memorial, just that those in charge are aware they are needed to satisfy fan and SEC demands. Acknowledging a problem and paying to fix it are two different things.

They will come or there will no longer be games. Greg Sankey was at the LIttle Rock Chamber of a Commerce and said WMS is not currently equipped for instant replay for conference games. Given they are playing Ole Miss there next year leads me to conclude that upgrade will be implemented by next October.

Playing in that dump is just stupid. I live in LR and won’t go there. It’s an embarrassment at best. Never going to understand the blind desire of some to continue to sabotage our program by demanding games there.

He should be appreciative.

ill never understand playing in Jerry world and LR…
we have the most scenic stadium in the SEC…
what a great recruiting opportunity --hosting prospective student athletes 7-8 games per yr…