Here is the clause of the separation agreement that Mars is basing his case on:

?Outside of any obligation, legal or otherwise, to reveal the terms of this Agreement to third parties, the University agrees not to release or disclose information related to this agreement,? the clause reads. ?The University further agrees to direct members of the control groups for the Foundation and for UM not to make any statement relative to Nutt?s tenure as an employee that may damage or harm Nutt?s reputation as a football coach.?

The bears are countering that only the admin at the time was bound by that agreement, and that the current admin never was a party to that agreement and therefore is not bound to it.