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Nick Diaz notifies EliteXC of material breach

Nick Diaz has sent formal communication to officials of ProElite and EliteXC notifying the fight promotion that he considers the company in breach of his contract.

The news was made available on GracieFighter.com, a site owned and operated by Diaz’s long-time trainer, Cesar Gracie.

ProElite canceled its planned Nov. 8 fight card several weeks ago and signaled its intent to file for bankruptcy after buyout talks with CBS and Showtime broke off. To date, no public record exists that demonstrating the company has formally filed for bankruptcy, leaving many of its contracted fighters in a state of limbo.

According to a copy of the letter Diaz sent to ProElite that is displayed at GracieFighter.com, the Diaz camp is citing Article 47 as a material breach of his contract.

While it’s not certain exactly what Article 47 entails, it appears that Diaz could have a clause in his contract that guarantees he must be scheduled for a fight within a certain time period.

“It has come to the attention of Mr. Diaz that EliteXC Live Inc. has declared the intent to file for bankruptcy and is no longer able to fulfill its obligations under the contract and has breached its representations and warranties pursuant to Article 47 of the Agreement,” the letter states.

“Pursuant to Article 43 of the Agreement, EliteXC Live Inc. has thirty (30) days to cure such material breach by posting a bond or other form of escrow in such an amount as set forth in the Agreement that must be payable to Mr. Diaz upon completion of each contemplated Bout set forth in the Agreement and any extensions thereof, and, specifically to evidence EliteXC Live Inc.’s ability to fulfill its obligations under Article 47.”

According to the letter, the promotion has until Nov. 30 to schedule a fight involving Diaz or it will be his position that his contract promotion will be void.

9 COMMENTS
  • Biff says:

    Something tells me Nick didn’t write that letter..

  • Patrick says:

    What was the first clue? Grammar? Lack of gangsta’ish talk?

  • Jim says:

    Or the fact that it was correct?

  • portland mma says:

    I am hoping this means Diaz wants to fight here and not in Japan.

  • HexRei says:

    Of course he didn’t, his lawyer did. Only a fool (or someone who is a lawyer themselves) writes their own legal documents.

  • Jeff L says:

    I think it’s his way of expediting his release so he can fight sooner than later. He probably has a show in mind that he can attached to if he gets his Elite XC deal clear of him asap.

  • Biff says:

    Come on, when you’re as articulate and well spoken as Nick you have to compose these legal documents yourself. All this legal mumbo jumbo is well and good but as soon as Nick lets EliteXC know he will punk them if he doesn’t get out of his contract then they will relent.

  • HexRei says:

    I imagine he’s saving that for the personal phone messages to Jared Shaw.

  • darkmetal says:

    Diaz wrote the initial document, which seems to have been ignored:

    “Yo Bitches, why you illin’ ? Wassup wit my contrac? I say we had a deal, so y m I sittin’ and not hittin?” The rest of the document included stick figures, references to Stockton, and some profanity involving KJ Noons…

    Lol but more seriously, isn’t this a pretty mute statement to a company that for all intents and purposes really won’t exist soon? Can you get money out of a bankrupt entity? Why pay a lawyer to ask for money that will be locked away via bankruptcy law?

    It all seems meaningless.

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