The exit fees aren't at issue. The Pac2 has NOTHING to do with the them. They are between the school members and the MWC. The Pac2 wouldn't have standing to ask a court to make a provision between "the 4" and the MWC unenforceable. The 4 would have to sue since they are the potentially injured parties.
However, this lawsuit was brought by the Temu12. The provisions at issue are the Poaching Fees from a contract the Pac2 (and its 2 remaining members) entered with the MWC. Temu12 would have standing in this lawsuit. Pac are asking a court to not enforce the poaching provisions on the grounds the MWC is already being compensated enough by the $17M exit fees. That's dumb. The MWC and its members all signed the contract to remain in the conference for a specific amount of time. If they left, they pay a fine. Easy.
However, the Pac2 entered into a separate contract with the MWC to have Wazzu and the Beavs play their member schools for one season. Part of that contract was to discourage the Pac2 from poaching its members after the contract was done. The Pac2 agreed to pay $10M, $11M, $12M etc for each school it poached. That penalty may have protected the same outcome (i.e., money to MWX for losing its members) as the exit fees, but it protected against a different action from a different party (i.e. entering a contract with schools giving them an opportunity to lure them away to the Pac). The Pac2 assisted in the drafting of the contract, with their team of lawyers. They are a sophisticated party and will get little sympathy from a judge.
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