re: Whoever decided "hey lets try to job BK out of his contract" needs to be sent to pasture

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My statement is correct. Kelly's lawsuit is a declaratory judgment action. It simply asks the court to confirm that LSU’s termination of Coach Kelly is without cause.

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and that he is entitled to receive liquidated damages, which would end negotiations

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As long as the Damascus sword of for cause hangs out there the negotiations simply can't go on in good faith, the parties will be too far apart.

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Boom.

Kelly responded the way an attorney worth his salt would have advised.

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Correct. And 11 A 2 states the termination date is the date the initial termination date is given.

Kelly just needs to wait until LSU sends him a written notice. Until then, LSU is required to pay him the contract terms… not any of the terminated clause payouts.

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We are on the same page

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The contract does not state that he must be terminated by written communication to him. It merely requires written notice.

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11 A says “to employee”.
11 B 1 says “to employee and company”.

Maybe we are looking at different contracts.

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My statement is correct. Kelly's lawsuit is a declaratory judgment action. It simply asks the court to confirm that LSU’s termination of Coach Kelly is without cause.

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and that he is entitled to receive liquidated damages, which would end negotiations

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The latter automatically follows the former.

If he was not terminated for case, he is entitled to liquidated damages:

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LSU shall have the right to terminate this Agreement without cause upon written notice to Employee and Company. In such event, LSU will pay Employee and Company, as applicable, liquidated damages in lieu of any and all other legal remedies or equitable relief as detailed below and as provided in Schedule A.

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The negotiations merely involve whether LSU is willing to make one or more lump-sum payments, and therefore, the amount of those payments.

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The contract does not state that he must be terminated by written communication to him. It merely requires written notice.

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Tell us what we are missing - per the contract:

Termination with Cause - "This agreement may be terminated for "cause" by LSU, acting through the President, at any time prior to its expiration, upon written notice to Employee

Termination without cause - "LSU shall have the right to terminate the Agreement without cause upon written notice to Employee

Termination by Employee - written notice to LSU

Brian gave notice of his termination to LSU in an email, but LSU gave no such notice? (I'm being stupid with this comment, sort of)

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The latter automatically follows the former.

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I understand that, but if LSU issues a statement to make it moot, they would also lose the opportunity to continue negotiation

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The negotiations merely involve whether LSU is willing to make one or more lump-sum payments, and therefore, the amount of those payments.

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The negotiations remove the mitigation clause, which is what was actually being negotiated. The amount of lump sum is fairly arbitrary if they are dictated by the liquidated damages

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I understand that, but if LSU issues a statement to make it moot, they would also lose the opportunity to continue negotiation

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Admitting that it fired Kelly without cause has no impact on the settlement negotiations over the value, if any to Kelly, of the mitigation clause. That is a wholly separate issue.

We’ll probably never know. I can’t believe this won’t get settled before the end of the year.

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What's your take on "if curable"?

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Assuming for the sake argument that the cause was not curable, he still has the contractual right to contest and the contractual right to appeal. He was NOT given the opportunity to invoke either right before he was terminated "effective immediately."