What are the details of the buyout?

[TeamZero77 1,786]

On 9/25/2022 at 1:47 PM, AUTigerTime said:

With word that Nebraska fired their coach 3 weeks prior to a huge drop ($7+M) in price of the buyout, I'm wondering what the contract says and when the costs drop for Harsin. 

Did you happen to hear what the CBS crew said about Nebraska and Frost? Nebraska's AD is Trev Alberts. He played at Nebraska but most know him from when he was an analyst covering college football for ESPN. Rick Neuheisel and another analyst for CBS said that Trev Alberts had a meeting with Frost at the end of last season. He was going to fire Frost then but Frost asked him could he please hold off and let him prove he could win. Frost also said he would be open to restructuring his contract and take less money for 2022. Not sure if they did that or not. Anyway, Frost bet on himself for this season.

After a terrible start, Alberts fired Frost 2 weeks before the big drop in his buyout. 

The CBS studio guys said their sources at Nebraska told them that Frost has had a problem getting to practices on time this year. They also said he had started skipping out on scheduled appointments with recruits. There were recruits who were on the fence about committing to Nebraska or another program so the assistant coaches would notify Frost so he could do a sitdown with the kids and try to get them sign with Nebraska. On a few occasions this season, Frost would just stand the kid up and never show up, never call ahead to cancel, notta. It's pretty obvious Frost had checked out on the program so he was fired. 

Frost played at Nebraska and his Dad and possible his Mom were employed at Nebraska. Just a weird ending to his time there. I hope there's not personal issues he is struggling with in his private life to cause his erratic behavior. 

And according to many Nebraska fans on their message boards, Nebraska is interested in Harsin to replace Frost. 

[NolaAuTiger 3,295]

Overtime with Mizzou should be sufficient "for cause" to fire without pay. 

Edited September 27, 2022 by NolaAuTiger

[Didba 5,256]

4 hours ago, NolaAuTiger said:

Overtime with Mizzou should be sufficient "for cause" to fire without pay. 

There isn't even an arbitration clause in the contract. That's how one sided it is.

[aucat 69]

On 9/26/2022 at 3:17 AM, zeroforwinger said:

I think it’s 18 now, and 15ish after the season. I’m ok with waiting until we get an AD in place before canning him. Also I want him to be the one who takes the UGA beating. It’s not fair for Caddy or anyone else to get that whopping. 

and bama as well

[AU80cruiser 1,102]

13 hours ago, Didba said:

There isn't even an arbitration clause in the contract. That's how one sided it is.

 

So under Authorities, Duties, and Responsibilities of Head Football Coach paragraph 2 note (2) competitive success, how do you find out what that is defined as? I don't see how he is going to uphold that part of the contract which will become more evident after getting into SEC play.

 

Edited September 28, 2022 by AU80cruiser

[Didba 5,256]

6 hours ago, AU80cruiser said:

 

So under Authorities, Duties, and Responsibilities of Head Football Coach paragraph 2 note (2) competitive success, how do you find out what that is defined as? I don't see how he is going to uphold that part of the contract which will become more evident after getting into SEC play.

 

Look for a definitions section. Most contracts have them. This one might not because it sucks.

[Mike4AU 1,739]

7 hours ago, AU80cruiser said:

 

So under Authorities, Duties, and Responsibilities of Head Football Coach paragraph 2 note (2) competitive success, how do you find out what that is defined as? I don't see how he is going to uphold that part of the contract which will become more evident after getting into SEC play.

 

Folks, quit trying to find clauses in his contract that may result in AU being able to fire him for cause. Those clauses (paragraphs) are clearly delineated in paragraph 21, a copy of which is attached, and the above mentioned paragraph(s) isn’t one of them. 
 

I realize that we have a tough situation right now and folks are looking for reasons why AU should be able to fire him for cause.  Harsin’s agent is a well respected and very good lawyer in Bham. You can bet that for cause is clearly delineated in all his clients contracts, just like it is in Harsin’s contract. 
 

Here is a copy of paragraph 21 which delineates the for cause paragraphs. 
 

[The Freak 2,529]

"jeopardizes or negatively affects student-welfare"

There you go, the OL jeopardizes the QBs welfare.

 

Done.

[AU80cruiser 1,102]

1 hour ago, Mike4AU said:

Folks, quit trying to find clauses in his contract that may result in AU being able to fire him for cause. Those clauses (paragraphs) are clearly delineated in paragraph 21, a copy of which is attached, and the above mentioned paragraph(s) isn’t one of them. 
 

I realize that we have a tough situation right now and folks are looking for reasons why AU should be able to fire him for cause.  Harsin’s agent is a well respected and very good lawyer in Bham. You can bet that for cause is clearly delineated in all his clients contracts, just like it is in Harsin’s contract. 
 

Here is a copy of paragraph 21 which delineates the for cause paragraphs. 
 

I wasn't looking for a way to fire him but I understand why you would think that. I'm looking for a solution on how to guard against the next contract. Not that I would be able to do a dang thing about it. Only to discuss on this forum.

[JerryAU 1,693]

Frankly, I'm not one bit concerned with the contracts the Auburn Administration, Board of Trustees and Auburn's Legal Team choose to fully execute with the coaches.  The $$ doesn't affect my wallet in the least, let 'em keep effing around paying a king's ransom to every Chizik/Malzhan/Harsin and whoever the next round of coaches will be, money is not a issue at Auburn. 

[Didba 5,256]

1 hour ago, Mike4AU said:

Folks, quit trying to find clauses in his contract that may result in AU being able to fire him for cause. Those clauses (paragraphs) are clearly delineated in paragraph 21, a copy of which is attached, and the above mentioned paragraph(s) isn’t one of them. 
 

I realize that we have a tough situation right now and folks are looking for reasons why AU should be able to fire him for cause.  Harsin’s agent is a well respected and very good lawyer in Bham. You can bet that for cause is clearly delineated in all his clients contracts, just like it is in Harsin’s contract. 
 

Here is a copy of paragraph 21 which delineates the for cause paragraphs. 
 

IMO, Paragraph 10 is the only clause that plausibly could be used to fire Harsin for cause.  It is the "diligent efforts" clause. It read as such:

Still a massive stretch because its a fact question for the fact finder as to what constitutes "diligent efforts". 

To avoid litigation Auburn would need a smoking gun document where Harsin communicated to someone his intent to tank the season to get his buyout ASAP. Like a text to Kiesau or someone else communicating the above.  Unlikely that Harsin would be so stupid to put anything like that in writing.  Even more unlikely that he is even thinking along those lines.

The chances are about as low as Saban quitting Bamr and coming to Auburn as AD.

Edited September 28, 2022 by Didba

[Mike4AU 1,739]

22 minutes ago, Didba said:

IMO, Paragraph 10 is the only clause that plausibly could be used to fire Harsin for cause.  It is the "diligent efforts" clause. It read as such:

Still a massive stretch because its a fact question for the fact finder as to what constitutes "diligent efforts". 

To avoid litigation Auburn would need a smoking gun document where Harsin communicated to someone his intent to tank the season to get his buyout ASAP. Like a text to Kiesau or someone else communicating the above.  Unlikely that Harsin would be so stupid to put anything like that in writing.  Even more unlikely that he is even thinking along those lines.

The chances are about as low as Saban quitting Bamr and coming to Auburn as AD.

Yeah, I saw the diligent efforts clause, but there is a reason why that isn’t included in the for cause clause.  Other than a smoking gun like you mentioned, diligent efforts is nebulous, and lawyers on both sides of the table would get rich with billable time on that one…to no avail.  

[Didba 5,256]

2 minutes ago, Mike4AU said:

Yeah, I saw the diligent efforts clause, but there is a reason why that isn’t included in the for cause clause.  Other than a smoking gun like you mentioned, diligent efforts is nebulous, and lawyers on both sides of the table would get rich with billable time on that one…to no avail.  

Well it is listed in the for cause clause but that's neither here nor there. 😉

Agreed as to the bold.

[Mike4AU 1,739]

2 hours ago, Didba said:

Well it is listed in the for cause clause but that's neither here nor there. 😉

Agreed as to the bold.

Damnit, I totally missed that!  I will go stand in the corner for a few hours.  I must have forgotten to take my smart pill this morning. 

Edited September 28, 2022 by Mike4AU

[icanthearyou 4,464]

On 9/25/2022 at 2:06 PM, Didba said:

I had his contract at some point downloaded somewhere LOL I'll try and find it again

Damnit man!!!, you are an attorney.  You can't find the contract?

Well, you'd better find it.  More importantly, you'd better find the loophole in it we need not to have to pay this guy.

You have until the end of the business day.

[Didba 5,256]

Just now, icanthearyou said:

Damnit man!!!, you are an attorney.  You can't find the contract?

Well, you'd better find it.  More importantly, you'd better find the loophole in it we need not to have to pay this guy.

You have until the end of the business day.

Haha, good thing I did it that already yesterday 😉

[icanthearyou 4,464]

3 minutes ago, Didba said:

Haha, good thing I did it that already yesterday 😉

Oh yeah, I see that now.  Good job.  I will forward the balance of your retainer. 

[Hank2020 3,222]

19 minutes ago, icanthearyou said:

Oh yeah, I see that now.  Good job.  I will forward the balance of your retainer. 

Naught from naught is naught.

[Randman5000 4,234]

On 9/28/2022 at 8:05 AM, Mike4AU said:

Folks, quit trying to find clauses in his contract that may result in AU being able to fire him for cause. Those clauses (paragraphs) are clearly delineated in paragraph 21, a copy of which is attached, and the above mentioned paragraph(s) isn’t one of them. 
 

I realize that we have a tough situation right now and folks are looking for reasons why AU should be able to fire him for cause.  Harsin’s agent is a well respected and very good lawyer in Bham. You can bet that for cause is clearly delineated in all his clients contracts, just like it is in Harsin’s contract. 
 

Here is a copy of paragraph 21 which delineates the for cause paragraphs. 
 

You're right. I've met his representation, they told me that mess in the off-season was bogus and asked AU to prove everything but AU came back with nada.AU will have to pay up. Tifiw. Not a good look unless they make huge concessions on the next one.  Seriously doubt it.

[NWALA Tiger 3,535]

Hoke insinuates that Harsin has been offered a new buyout 

[WarTim 3,457]

38 minutes ago, NWALA Tiger said:

Hoke insinuates that Harsin has been offered a new buyout 

Who is hoke?

[EagleEye67 1,945]

2 hours ago, NWALA Tiger said:

Hoke insinuates that Harsin has been offered a new buyout 

Is this the "two $25 Chilis gift cards' I've been hearing?

[NWALA Tiger 3,535]

2 hours ago, WarTim said:

Who is hoke?

Supposed " insider"

[NWALA Tiger 3,535]

Also read that even if Harsin takes a other job after being fired, he still gets all his buyout  money.  No off setting.... Another brilliant move by ADAG..

 

 

 

[Gr82batigr 97]

Hire the Wisconsin AD. Today!  He got HC Cryst to take $11M severance instead of the $20M contractual obligation.