It reads the contract to say that the limiting language only applies when games are postponed, not canceled without rescheduling. The NCAA stresses the clause makes clear Westwood One wasn’t entitled to reduce right fees and payments as a result of a force majeure event. Similar to force majeure clauses in other deals, the clause excused performance in the event of “an act of God, inevitable accident, war, terrorist act, national emergency, government action or decree, strike or other labor dispute, fire, riot or civil commotion extreme and unusual inclement weather” or if Westwood One was preempted by “a news event of overwhelming public importance.” The clause also stipulated procedural steps, such as notice requirements, opportunities to cure and duties to mitigate. The NCAA-Westwood One contract contains a force majeure clause to address potential disruptions to broadcasts for reasons beyond the NCAA’s or Westwood One’s control. The Westwood One contract, by contract, was set to expire in 2024, possibly providing less incentive for either side to compromise. The TV agreements for March Madness, for example, run through 2032, giving both the NCAA and Turner/CBS an incentive to keep that relationship strong. Industry insiders have said a major motivating factor in finding common ground was the fact that most media deals are long-term partnerships. In many cases, payments were still made in full or pro-rated to account for lost broadcast windows for others, the unwinding became a more protracted legal battle. Over the past 18 months, leagues large and small have had to renegotiate those deals to account for games canceled or postponed due to COVID-19. The sports world is propped up by billions in media money, and the cash in those contracts generally isn’t paid until the games are delivered. For its part, Westwood One claims it made payments to the NCAA of $4 million in rights fees for March Madness and other events “that never occurred.” The contract’s total value is redacted in court records. Westwood One didn’t make an installment after the 2020 tournament was canceled, leaving an unpaid balance of more than $2 million. ![]() Failure to pay constituted a material breach. ![]() In exchange, Westwood One agreed to pay the NCAA an annual rights fee in two installments. In 2011, when Westwood One and the NCAA signed their deal, the radio network gained the exclusive right to produce and distribute audio broadcasts of NCAA championship events. The case stems from Westwood One failing to pay the NCAA after the pandemic-related cancellation of the 2020 men’s basketball tournament. The ruling centered on potential damage to Westwood One’s revenue streams and goodwill, including in its dealings with the NFL, as a result of losing the NCAA contract. ![]() On May 26, the Court of Appeals of Indiana affirmed the denial of an injunction that would have prevented the NCAA from voiding its radio contract. Supreme Court ruling in the Alston case, it scored a victory in one against Westwood One Radio Networks.
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