Marvel's Next Step

[lazyboy97o]

(Grasping) G. "Either party may terminate the agreement upon a material breach of the other party, subject to written notice and a reasonable opportunity to cure." This can have a broad interpretation.

No, in fact it is very specific.

 

[Skip]

(Grasping) G. "Either party may terminate the agreement upon a material breach of the other party, subject to written notice and a reasonable opportunity to cure." This can have a broad interpretation.

This means that Universal would have to breach the contract in some way (by doing something Marvel told them not to). Even then, Marvel would have to provide Universal with WRITTEN NOTICE of the breach and give them a REASONABLE OPPORTUNITY TO CURE - that is, a reasonable amount of time to correct whatever breach may have occured. Disney can't just sit and wait for Universal to make a small mistake and void the contract - they have to tell Uni they breached and give them time to fix it. They can only void the contract if Universal refuses to fix the breach (which they would fix swiftly).

Seriously, that's the opposite of "broad."

 

[Captain Chaos]

(Grasping) G. "Either party may terminate the agreement upon a material breach of the other party, subject to written notice and a reasonable opportunity to cure." This can have a broad interpretation.

That's grasping.... And CANNOT have a broad interpretation... It is plain as day... universal does not upkeep the rides, they are in breach... HOWEVER, painting the Hulk coaster = upkeep... Updating the Spiderman movie projections = upkeep.... getting new costumes for the walk around characters = upkeep....

Hulk coaster looking worn and dated... Disney/Marvel has to tell Universal, UHHHH HULK COASTER LOOKING DATED, TIME FOR A NEW COAT OF PAINT, DONT YA THINK??? Then they have to give Universal a reasonable amount of time to fix it... Reasonable is not 1 hour upon WRITTEN notification.... Reasonable would probably be several months since theme park maintenance doesn't happen over night....

You are all grasping at straws... Deal with the fact Disney management sucks and Universal as over taken them at their own game.... Universal has out-Disney'd Disney...

 

[celluloid]

That's grasping.... And CANNOT have a broad interpretation... It is plain as day... universal does not upkeep the rides, they are in breach... HOWEVER, painting the Hulk coaster = upkeep... Updating the Spiderman movie projections = upkeep.... getting new costumes for the walk around characters = upkeep....

Hulk coaster looking worn and dated... Disney/Marvel has to tell Universal, UHHHH HULK COASTER LOOKING DATED, TIME FOR A NEW COAT OF PAINT, DONT YA THINK??? Then they have to give Universal a reasonable amount of time to fix it... Reasonable is not 1 hour upon WRITTEN notification.... Reasonable would probably be several months since theme park maintenance doesn't happen over night....

You are all grasping at straws... Deal with the fact Disney management sucks and Universal as over taken them at their own game.... Universal has out-Disney'd Disney...[/QUOTE]


And with the surge in attendance even more of the common public are taking notice that nostalgia is great, but quality themed entertainment is the most important.

Good things coming for Universal. They have earned it.

 

[Captain Chaos]

That's grasping.... And CANNOT have a broad interpretation... It is plain as day... universal does not upkeep the rides, they are in breach... HOWEVER, painting the Hulk coaster = upkeep... Updating the Spiderman movie projections = upkeep.... getting new costumes for the walk around characters = upkeep....

Hulk coaster looking worn and dated... Disney/Marvel has to tell Universal, UHHHH HULK COASTER LOOKING DATED, TIME FOR A NEW COAT OF PAINT, DONT YA THINK??? Then they have to give Universal a reasonable amount of time to fix it... Reasonable is not 1 hour upon WRITTEN notification.... Reasonable would probably be several months since theme park maintenance doesn't happen over night....

You are all grasping at straws... Deal with the fact Disney management sucks and Universal as over taken them at their own game.... Universal has out-Disney'd Disney...[/QUOTE]


And with the surge in attendance even more of the common public are taking notice that nostalgia is great, but quality themed entertainment is the most important.

Good things coming for Universal. They have earned it.

They have earned it... Disney is soley relying on their name brand... Isn't going to keep flying... Universal, if internet rumors wind up coming true (and we know that is not always the case), has some big things in the pipeline... Getting the ownership mess squared away is first and foremost, but Comcast will take care of all that in June...

Universal is doing what Disney once did... New, innovative rides... Pushing the boundries... Thinking the impossible and making it possible... Wake me when Disney creates another innovative ride vehicle instead of a clam mobile omnimover...

 

[Disday]

I have yet to see an example that Universal has out-Disneyed Disney. True, I haven't been to the Harry Potter attraction (Harry Potter is not my thing), but I've thought that the Marvel area was lousy. Yes, Spider-Man is a good ride, but not a great one. They didn't try hard enough to put you in a believable world. I never forgot that I was watching a 3-D movie in a simulator. - As for the point that I offered from the "contract". If taken literally, it said either party, in that case if Disney were to put in Marvel attractions they would be going against the contract and Universal would have the right to break the agreement. Another thing that I noticed was a lack of protection for Universal should Marvel be bought by a new corporation. Is it still a valid contract? If I've overlooked that point in the contract please let me know.

 

[wizards8507]

Universal is doing what Disney once did... New, innovative rides... Pushing the boundries... Thinking the impossible and making it possible... Wake me when Disney creates another innovative ride vehicle instead of a clam mobile omnimover...

Are you serious? Universal has a grand total of ONE "new, innovative" ride. One. Spoiler alert: Universal isn't the company that made the innovation. KUKA Robotics designed the system. Universal purchased it and slapped a fancy brand on it.

 

[lazyboy97o]

If taken literally, it said either party, in that case if Disney were to put in Marvel attractions they would be going against the contract and Universal would have the right to break the agreement.

If Disney did that, then Universal would send written notice of their breach and if not corrected by Disney it would not just void the contract, as that would defeat the exclusivity of the contract. Universal would then take Disney to court.

Another thing that I noticed was a lack of protection for Universal should Marvel be bought by a new corporation. Is it still a valid contract? If I've overlooked that point in the contract please let me know.

I. As used herein, a “Marvel Related Company” shall mean any entity that is owned in whole by Marvel or (i) in which Marvel (or a company in (iii), (iv) or (v) below) has at least a 25% equity interest, (ii) Marvel (or a company in (iii), (iv) or (v) below) has a significant board representation, (iii) is a parent of Marvel, (iv) is controlled by an entity which (directly or indirectly) controls Marvel, or (v) is an “affiliate” of Marvel as defined in the 1933 Securities Act.

Ownership of a company in no way affects a contract unless it is specifically written into the contract, an issue present in the contract with Warner Bros. for Harry Potter (but maybe the SEC is publishing the wrong contract in that case too).

 

[Disday]

I guess then that when Comcast sells Universal Florida the contract will be ended. Unless of course someone wants to make the point that the contract still stands regardless if Universal is involved or not. If Comcast does agree to buy Universal Florida this time I wish them the best. If we don't hear an official announcement next week, however, I would guess that it's not going to happen.:wave:

 

[Mouse Detective]

I guess then that when Comcast sells Universal Florida the contract will be ended. Unless of course someone wants to make the point that the contract still stands regardless if Universal is involved or not. If Comcast does agree to buy Universal Florida this time I wish them the best. If we don't hear an official announcement next week, however, I would guess that it's not going to happen.

Good thing that you're not an attorney. You have absolutely no clue when it comes to Contract law. With all due respect, sir.

 

[wizards8507]

I guess then that when Comcast sells Universal Florida the contract will be ended. Unless of course someone wants to make the point that the contract still stands regardless if Universal is involved or not. If Comcast does agree to buy Universal Florida this time I wish them the best. If we don't hear an official announcement next week, however, I would guess that it's not going to happen.:wave:

Wrong. The default when an entity is purchased is that the purchaser assumes all contracts of the purchased, including all rights and responsibilities thereof.

 

[lazyboy97o]

I guess then that when Comcast sells Universal Florida the contract will be ended. Unless of course someone wants to make the point that the contract still stands regardless if Universal is involved or not. If Comcast does agree to buy Universal Florida this time I wish them the best. If we don't hear an official announcement next week, however, I would guess that it's not going to happen.:wave:

The same thing will happen that happened when MCA ceased to be, nothing.

 

[Disday]

Sorry to offend all of the attorneys on the board with my ignorance of law, but the contract is between Marvel and Universal. If Universal sells their half of the parks then the contract is no longer valid. Disney could sue for breach of contract.

 

[wizards8507]

Sorry to offend all of the attorneys on the board with my ignorance of law, but the contract is between Marvel and Universal. If Universal sells their half of the parks then the contract is no longer valid. Disney could sue for breach of contract.

No. That's absolutely false.

Are you trolling on purpose?

 

[lazyboy97o]

Sorry to offend all of the attorneys on the board with my ignorance of law, but the contract is between Marvel and Universal. If Universal sells their half of the parks then the contract is no longer valid. Disney could sue for breach of contract.

No, the contract is between the now defunct MCA and Marvel. Sale of the park would include sale of the contract, though the contract is probably now held by Universal City Development Partners, the company that owns and operates Universal Orlando Resort and the company that would be sold if such a scenario ever arose.

 

[flavious27]

Wrong. The default when an entity is purchased is that the purchaser assumes all contracts of the purchased, including all rights and responsibilities thereof.

True, unless there is a clause that pertains to the situation that universal studios is bought.

 

[wizards8507]

True, unless there is a clause that pertains to the situation that universal studios is bought.

I haven't read the contract myself but those who have seem to have indicated that no such clause exists. If I missed something please correct me, I admit I haven't read every page.

 

[Disday]

I'm correct in my assumption about the contract. You can show your age by calling me names, it's a free country. We'll see what happens "if" Comcast doesn't buy the Florida parks.:wave:

 

[lazyboy97o]

I'm correct in my assumption about the contract. You can show your age by calling me names, it's a free country. We'll see what happens "if" Comcast doesn't buy the Florida parks.:wave:

Then why did nothing happen when MCA was dissolved? Why did nothing happen when half of Universal City Development Partners was sold to Blackstone Group? Or is this all in the real contract that was withheld? Why would Comcast (NBC/Universal) continuing to only own 50% suddenly affect this contract now? Please cite legal precedent or the contract itself.

 

[Captain Chaos]

Let me takes these one by one....

I have yet to see an example that Universal has out-Disneyed Disney. True, I haven't been to the Harry Potter attraction (Harry Potter is not my thing), but I've thought that the Marvel area was lousy. Yes, Spider-Man is a good ride, but not a great one. They didn't try hard enough to put you in a believable world. I never forgot that I was watching a 3-D movie in a simulator. - As for the point that I offered from the "contract". If taken literally, it said either party, in that case if Disney were to put in Marvel attractions they would be going against the contract and Universal would have the right to break the agreement. Another thing that I noticed was a lack of protection for Universal should Marvel be bought by a new corporation. Is it still a valid contract? If I've overlooked that point in the contract please let me know.

Wizarding World of Harry Potter is one example of Universal out Disney-ing Disney...Forbidden Journey is Universal out Disney-ing Disney... Spiderman ride, which Disney has yet to create something even close to the ride, is Universal out Disney-ing Disney... Jury is out on Despicable Me since no details have yet been released.... MIB is better than Buzz Lightyear and TSMM (Universal out Disney's Disney)... Mummy is better than Everest (Yes, Universal out Disney's Disney)... and wait for the next batch of rides to come... They will once again... You geussed it.. OUT DISNEY DISNEY

Are you serious? Universal has a grand total of ONE "new, innovative" ride. One. Spoiler alert: Universal isn't the company that made the innovation. KUKA Robotics designed the system. Universal purchased it and slapped a fancy brand on it.

Well, Spiderman has been around for how long now, and Disney STILL hasn't been able to create anything remotely close to it???? And Forbidden Journey is more than just a fancy brand slapped on a the system.... it is INNOVATIVE.. Disney?? yea, touch screens (been there), interactive queues that aren't necessary (HM anyone????), Little Mermaid omnimover, nothign innovative about that... slapping 3D on a simulator isn't innovative (maybe making each ride experience different is innovative, it is still just a simulator)... TSMM is a dark ride, 3D screen technology that Xbox, Wii, and PS3 now use so nothing truly innovative there... Yeti was supposed to be a great AA, and what happens??? Disney won't fix it.. Way to be innovative!!!! So, again, Universal has been out Disneying Disney...

I guess then that when Comcast sells Universal Florida the contract will be ended. Unless of course someone wants to make the point that the contract still stands regardless if Universal is involved or not. If Comcast does agree to buy Universal Florida this time I wish them the best. If we don't hear an official announcement next week, however, I would guess that it's not going to happen.:wave:

Good thing that you're not an attorney. You have absolutely no clue when it comes to Contract law. With all due respect, sir.

Wrong. The default when an entity is purchased is that the purchaser assumes all contracts of the purchased, including all rights and responsibilities thereof.

MD and Wizards are right... The contract will just go to the next owner, if Comcast happens to purchase Blackstone's portion of Universal, then proceeds to sell it all...

Sorry to offend all of the attorneys on the board with my ignorance of law, but the contract is between Marvel and Universal. If Universal sells their half of the parks then the contract is no longer valid. Disney could sue for breach of contract.

No. That's absolutely false.

Are you trolling on purpose?

Disday, sniffing how much Pixie dust today??? You are off and wrong on everything you posted... The contract isn't breached because Universal is sold... The new owner of Universal will then own the contract... Disney purchased Marvel, therefore Disney now OWNS that contract... No breach took place once Marvel agreed to sell to Disney...

Explain how Disney can sue for breach of contract??? They can't.. Now, if they tried to prevent Universal from doing anything with the Marvel license, Universal can sue... Universal holds all the cards... Deal with it, face reality, move on and get over it... Universal is OUT DISNEYING DISNEY!!!!!