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progress 05-18-2005 02:40 PM

Any news bout the diamond vision screens in the dome?
 
I remember reading a few months ago that the diamond vision screens could not be fixed and it was made out to be a pretty big deal, since the superdome commision must keep the Dome in tip top shape, or Benson has a way to get out of the contract with the state. I haven't heard anything since. I was concerned that they would have to replace them with something now (that may not be the biggest and baddest available) and then refuse to replace them again when the dome is rennovated.
I'm not sure why this even crossed my mind today, but if anyone has heard anything I'd appreciate an update.

WhoDat 05-18-2005 03:30 PM

RE: Any news bout the diamond vision screens in the dome?
 
I don't think it's a big deal.

Benson sent a letter to the State claiming that the diamond vision screen was not of adequate size to qualify as "state of the art" or some other BS term of art used by lawyers, and claimed that constituted a breach of contract. He does stuff like that about every other year to gain leverage and potentially give himself an out, or scare people into thinking it's a way he can get out.

You'd have to ask Scotty, but if I look at the deal, I see the size of the screen in the Super Dome as being a minor issue. Thus, even if it was found to be a breach, a court would likely call it immaterial, and it wouldn't make the contract voidable. Thus, Benson couldn't leave New Orleans without paying the full $81 million penalty based on the size of the Super Dome screens - but I think that's the impression he wants to give.

It's another scare tactic. He knows that if he sends a letter the TP headline will be "Saints claim State in Breach of Contract." That makes people fear they'll leave. It's posturing.

progress 05-18-2005 03:47 PM

RE: Any news bout the diamond vision screens in the dome?
 
I figured as much, and was never really concerned with Benson being able to use this as a way to exercise the out clause.
What I was really trying to inquire about was whether or not we can expect to see new and improved screens in the dome next year. (I'm not sure if they were ever really broken, if they were broken were they fixed, etc.) In my opinion, new screens will be the best thing about a rennovated superdome. Of course, they'll only be an upgrade if the guy controlling them uses them to show more replays. Otherwise, we'll just be watching high quality Tenet Choice commercials (you know the ones with the retirees running or scoottering for a touchdown). And on that note are we the only team in the league that still plays who let the dogs out?

ScottyRo 05-18-2005 04:16 PM

RE: Any news bout the diamond vision screens in the dome?
 
Well, without knowing the exact language in the contract, this can be used to illustrate a point as to why contracts are so long and verbose. In this instance we have the term "state-of-the-art". This brings up several questions:

Who gets to determine what s-o-t-a is?
Is that person going to say it is s-o-t-a when the equipment is the top of the line of what is generally available or in use in the industry?
or will that person say it must be the best of the newest technology available?

Again, without the contract in front of me, I'd think that even if these screens are determined to not be s-o-t-a, then the superdome commission would be given an opportunity to make it so before Benson could leave.

[sarcasm] The best thing about being in the practice of law [/sarcasm]...in the end you really never know what a court might decide.


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