The contract has a buyout. ND offered to pay the buyout years ago, when the situation for ND changed. ND signed the contract when they were fully independent and may or may not have intended to come to Provo. The recent BYU vs. ND games have been close. BYU was a couple of bad decisions from costing ND an undefeated season in one of the last games. ND isn't anxious to play BYU, so they offered to pay the buyout that was a part of the contract and a legitimate, agreed to by BYU , legal way to fulfill the contract. When ND added about 5 games annually with the ACC they bought out many games. BYU has refused to accept the buyout. Tom has mentioned this many times. Do I want to see ND again in Provo? Absolutely. Is ND backing out on a signed contract and showing bad faith? No. Just not yet willing to fulfill the contract in the way BYU would prefer so far.