Official Gruden Thread 39

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#803
#803
HearForGrumors said:
n this case it sounds like the conspirators talkedd (sic) to Gruden to gauge interest/requirements prior to any involvement (officially) with the UT administrators. Thus, when JC got involved everyone already knew the ballpark figures they were talking about. At that point it gets down to nuance and detail, which can be just as dispositive in whether a deal gets done or not.
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One would hope this is the case. And, if it I is, then I will agree that the deal ultimately gets done. But, until we know for sure, I will continue to have my doubts. 2012 looms large in my rearview mirror.
 
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#805
#805
buckfama said:
I think it's been more of a milestone or symbol for most because of how things went down last time.

As far as we know a MOU was never signed by Gruden during the last coaching search.

It showed that he had genuine interest and gave many hope that he is a genuine possibility and not just a rumor or wishful thinking.

Jmo
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And, that's really why they exist (and helping guide contract drafting and term negotiation in the future). It is a good faith gesture by JG to JC saying, "Okay, let's see if we can figure this out. I'm interested."
 
#807
#807
HearForGrumors said:
Too much has been made of the MOU, I think. It's a clear first step, but it doesn't really mean much.
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My point with the MOU was that if (wonderful word if is) one was signed it would certainly indicate more than a passing fancy about the idea of him being a coach. I know it's not a legally binding document, but the foundation for the full contract negotiations that either one can back out of. None of us want to go through that whole MOA/MOU discussion again...

No, we're good. Thank you.

Anyway, I believe that in your novel you spoke of several of the BOT getting together and offering terms behind the scenes to gauge interest. Obviously, it would appear the terms were favorable and helped push it into the tuxedo t-shirt (I'm formal, but I'm here to party) MOU about the idea of him coming to UT.

If anything, the plane chaser idea is the one that's really made too much of as AV pointed out. It's to my understanding, the fine print in contract negotiations can be done as easily via email and conference calls rather than having to have a face to face. Having just undergone that myself, the bickering over this or that can take days and weeks sometimes.
 
#808
#808
HearForGrumors said:
And, that's really why they exist (and helping guide contract drafting and term negotiation in the future). It is a good faith gesture by JG to JC saying, "Okay, let's see if we can figure this out. I'm interested."
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In theory, wouldn't that have been done on back channels for months now?
 
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#809
#809
UTVolinExile said:
I deal with MOUs frequently in my practice. I have a particular institutional client which negotiates multi-year contracts, and MOUs are regularly negotiated and signed during the contract term to form the basis of the new agreement when the term expires.

Your explanation is sound. MOUs give parties a way to document their intent in order to make a formal contract easier to reach. In this case, many fans have mistakenly confused MOUs with a formal contract.
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I'm happy that the handful of lawyers on here got ahead of the MOU talk early. Even with minimal damage control, it became a beast of its own. And, lost in the talk was the most important point: Did he actually sign the dang thing?
 
#811
#811
HearForGrumors said:
Never had to sign one. But, I've been around when a few were drafted and signed.

I like you're discussion of the MOU on the cocktail napkin a while back. It's 100% accurate. It can be incredibly informal.

Even in this case. Currie could have scribbled on a post it note:

$8,000,000 a year
%50 buyout going both ways
Loads of perks.
$6,000,000 per year for staff.
I'll give you a back rub once a month.

If they both sign it, that's an MOU.

Too much has been made of the MOU, I think. It's a clear first step, but it doesn't really mean much.
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I've seen them mostly at mediations, where the mediator didn't want to let the parties get out of there without something in writing (while not binding, they help set the mindset that a formal deal will be negotiated and executed).

Where I could see one here is where one party (or both) will be making material moves based on the ultimate contract, and they want at least some level of assurance that the broad terms are understood.
 
#812
#812
HearForGrumors said:
I'm happy that the handful of lawyers on here got ahead of the MOU talk early. Even with minimal damage control, it became a beast of its own. And, lost in the talk was the most important point: Did he actually sign the dang thing?
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Ever hear of a company working for five years on an MOA alone?

Yep, we did lol
 
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#815
#815
Grand Vol said:
My point with the MOU was that if (wonderful word if is) one was signed it would certainly indicate more than a passing fancy about the idea of him being a coach. I know it's not a legally binding document, but the foundation for the full contract negotiations that either one can back out of. None of us want to go through that whole MOA/MOU discussion again...

No, we're good. Thank you.

Anyway, I believe that in your novel you spoke of several of the BOT getting together and offering terms behind the scenes to gauge interest. Obviously, it would appear the terms were favorable and helped push it into the tuxedo t-shirt (I'm formal, but I'm here to party) MOU about the idea of him coming to UT.

If anything, the plane chaser idea is the one that's really made too much of as AV pointed out. It's to my understanding, the fine print in contract negotiations can be done as easily via email and conference calls rather than having to have a face to face. Having just undergone that myself, the bickering over this or that can take days and weeks sometimes.
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Yeah, it would 100% be a clear sign of interest greater than passing fancy.

I wouldn't say BOT, in my case I would say conspirators. But, yes, that was the state of the facts Beaver alluded to a while back.

Think of it as a pre-MOU fact finding process. Just identifying what the terms (UT's cost outlay, both $$ and not $$) would be for the University, so they could prepare their financing (booster $$/access). It's all about leverage at that point.

"Dear UTK, you are about to set aside up to $80,000,000 in the next five years. In exchange we will...(Stadium, program development, etc.)
 
#816
#816
VOLumeS said:
My issue is why would anyone with any importance be posting and adding to speculation on a message board?
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Because Volnation in whole was disregarded several times over in Coaching searches yet you all are one of the most powerful voices if engaged.
 
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#818
#818
EZE said:
I've seen them mostly at mediations, where the mediator didn't want to let the parties get out of there without something in writing (while not binding, they help set the mindset that a formal deal will be negotiated and executed).

Where I could see one here is where one party (or both) will be making material moves based on the ultimate contract, and they want at least some level of assurance that the broad terms are understood.
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We don't leave meditations without binding mediation agreements. Our mediator is the arbitrator, and capable of holding hearings and entering (limited) judgments. If you "confirm" the email with the terms, you've agreed to the settlement. Otherwise, he lists out where the deal is, and what it would take to get it done.
 
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#820
#820
HearForGrumors said:
Yeah, it would 100% be a clear sign of interest greater than passing fancy.

I wouldn't say BOT, in my case I would say conspirators. But, yes, that was the state of the facts Beaver alluded to a while back.

Think of it as a pre-MOU fact finding process. Just identifying what the terms (UT's cost outlay, both $$ and not $$) would be for the University, so they could prepare their financing (booster $$/access). It's all about leverage at that point.

"Dear UTK, you are about to set aside up to $80,000,000 in the next five years. In exchange we will...(Stadium, program development, etc.)
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I kind of use BOT and "those with large wallets" interchangeably.

Probably should stop.
 
#821
#821
HearForGrumors said:
We don't leave meditations without binding mediation agreements. Our mediator is the arbitrator, and capable of holding hearings and entering (limited) judgments. If you "confirm" the email with the terms, you've agreed to the settlement. Otherwise, he lists out where the deal is, and what it would take to get it done.
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You're one of my top posters here
 
#824
#824
Hammer85 said:
Hey easy there Mystic. Im not trying to dox anybody. I dont give a beavers tail about who you are.

You better be delivering the goods as promised tho.👍
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#825
#825
HearForGrumors said:
We don't leave meditations without binding mediation agreements. Our mediator is the arbitrator, and capable of holding hearings and entering (limited) judgments. If you "confirm" the email with the terms, you've agreed to the settlement. Otherwise, he lists out where the deal is, and what it would take to get it done.
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Mine have involved patent disputes and licenses. There would be no way to finalize one of those at a mediation.
 
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