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May 8, 2009
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Atlanta Motor Speedway Suing Pep Boys For Cup Race Sponsorship

AMS Lawsuit Alleges Pep Boys Stopped
Making Payments For 2009 Race
Atlanta Motor Speedway (AMS) is "suing Pep Boys over payment on a contract that called for the auto parts chain to pay $3[M] for a two-year NASCAR Sprint Cup Series race sponsorship," according to court documents cited by Bob Pockrass of NASCAR SCENE. The lawsuit filed April 30 in Henry County (GA) Superior Court indicates that Pep Boys has "allegedly stopped making payments for the 2009 race." The suit claims that the deal "was worth $1.4[M] for the track's 2008 fall race and $1.6[M] for the 2009 fall race." The suit indicates that Pep Boys "did not make the $800,000 payment due March 1, 2009, and the track is owed $1.6[M] for the 2009 race." Although the contract states that the sponsorships is for a "fall NSCS Event," SMI in its complaint said that Pep Boys "did not object to the 2009 race being moved to Labor Day weekend before it was announced." Pep Boys "sent a letter saying it could terminate the contract because the track breached the agreement since the 2009 race is now 'during the summer.'" Pep Boys Director of Corporate Communications Peter Robinson said in a statement, "Pep Boys was pleased to be the title sponsor of the last two Fall NASCAR Nextel Cup Events held at [AMS]. ... Motorsports sponsorship continues to be part of our advertising plans. Unfortunately, [AMS] chose to move the 2009 Fall race into the Summer, which does not align with our 2009 advertising calendar and was in conflict with the terms of our contract." AMS "alleges that the wording in the contract prevents it from being terminated on those grounds." Meanwhile, Pockrass noted for the fall race weekend, Pep Boys "received 1,000 grandstand tickets for each day, 30 cold pit/garage passes, 30 VIP parking passes, one 40-foot-by-60-foot display space and a tent with a capacity for 1,000 people in the hospitality area." The company "received 100 tickets for each day of the spring race weekend and one 64-person suite for both race weekends." Pep Boys also "received status as the 'Official Auto Parts Retailer' of the track" (SCENEDAILY.com, 5/7).


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