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The Honolulu Advertiser
Posted on: Wednesday, January 30, 2008

Rodriguez says he'd pay West Virginia $1.5M at most

Associated Press

West Virginia says former head football coach Rich Rodriguez owes $4 million for breaking his contract and moving on to Michigan. At most, Rodriguez countered yesterday, it's $1.5 million.

Ultimately, a judge will decide who's right.

In a move his legal team calls a gesture of good faith, not an offer to settle, Rodriguez filed a $1.5 million letter of credit with the U.S. District Court in Clarksburg.

Rodriguez and his attorneys claim that's the maximum he could owe under his interpretation of the contract — an amount spelled out in a "maximum liquidated damages provision" that Rodriguez says was in effect when he resigned Dec. 18.

West Virginia attorney Jeff Wakefield, however, says the contract is clear: "The amount owed by Mr. Rodriguez under the terms of the contract in effect at the time of his resignation is $4 million."

The letter of credit, good for 90 days, was submitted "in the spirit of compromise and as an act of good faith" to assure West Virginia he will pay up if the court orders an award, the filing said.

"Coach Rodriguez is a responsible person," agent Mike Brown said in a statement. "This is a good faith effort to move the process and communication lines forward so all parties can concentrate on their future endeavors."

Rodriguez attorney Marv Robon said his client has a strong case, but the negative publicity surrounding him and both universities prompted a public declaration that he won't dodge any legal obligations.

"We decided we want to show the court, more than anybody else, that we are acting responsibly, that we are acting in good faith," Robon said. "We're not saying we owe it. We're trying to say that Rich is a very honorable man, and he and (wife) Rita will pay any obligations that anyone finds they're due."

Rodriguez claimed West Virginia failed to honor verbal promises, including that his buyout might be eliminated. West Virginia denied such a promise was made, and sued Rodriguez for breach of contract Dec. 27.

The resignation, which came a year after Rodriguez pledged to remain in West Virginia for as long as the state would have him, touched off a bitter public dispute in which each side has accused the other of breaching terms of the contract.

ELSEWHERE

Cincinnati: Quarterback Ben Mauk has provided the NCAA with more information about his surgically rebuilt passing shoulder, hoping to get another season of eligibility. Whether Mauk gets the chance will depend upon whether the NCAA counts his final season at Wake Forest toward his eligibility. Mauk started Wake Forest's opener in 2006, but dislocated his passing shoulder and broke his passing arm, ending his season.

Missouri: Running back Tony Temple announced yesterday he will give up on any further appeals for an extra year of eligibility and get ready for the NFL draft. Temple, who rushed for 1,039 yards last season, played in one game as a freshman in 2004 before injuring his Achilles' tendon. The request for an extra year was turned down earlier this month by the Big 12. Temple has dropped his appeal to the NCAA.