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The Commercial Appeal (Memphis, Tennessee)
OXFORD — Houston Nutt received his apology from Ole Miss and the two sides reached a settlement on October 16. But did the former Ole Miss coach receive more than that? Not according to the settlement agreement, which the Clarion Ledger obtained through a public records request.
In the agreement, Nutt forever discharges, releases and covenants not to sue the university, its athletic foundation and the IHL board for one: "Any breach of any duty (arising in tort, contract or otherwise under federal, state or common law), whether Nutt is aware or unaware of any such breach, including, but not limited to, any claim for defamation, disparagement or injury to his reputation," the agreement states.
Second, "Any obligation under any written or oral agreement, including, but not limited to, any obligation arising under that certain Severance Agreement between the parties effective November 26, 2011, as amended December 20, 2012."
And third: "Any claim for damages, losses, fees, expenses, or costs of any type, including, but not limited to, compensatory and punitive damages, attorney fees and expenses and all costs of litigation."
Ole Miss agreed to similar stipulations and apologized. which led to the settlement of the lawsuit. Nutt originally filed his lawsuit in federal court in July, which was dismissed a few weeks later.
He refiled the suit, which cited a breach of contract, a breach of duty of good faith and fair dealing, and sought punitive damages, in Lafayette County earlier this month.
The complaint was filed in response to an alleged smear campaign former coach Hugh Freeze and Ole Miss officials led against Nutt when the university received a Notice of Allegations from the NCAA's enforcement staff in January 2016.
During the process, Thomas Mars, Nutt's attorney, requested Freeze's phone records, which led to the discovery to a call to an escort service and ultimately Freeze's resignation as Ole Miss' coach.
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