Rodriguez agrees to settle with WVU, pay $4 million

WVU also recently got an Ohio court to issue a subpoena for testimony and records from Mike Wilcox, Rodriguez's financial adviser.

The Rodriguez camp approached the university with a "significant and serious offer" within the past few days, and WVU responded with a counterproposal Tuesday, Flaherty said. That set off a series of meetings with a court-appointed mediator, Frank Fragale.

WVU President Mike Garrison said he was pleased the matter was resolved.

"It was a valid contract. We entered the contract in very good faith. We worked very hard to create an experience here for our former coach that was a very good one, but he made a decision and I respect his decision," Garrison said.

Garrison is stepping down as WVU's president Sept. 1 over an unrelated scandal involving a master's degree the university wrongly awarded to the governor's daughter last fall.

The $4 million liquidated damages clause was suggested by an attorney on the WVU Board of Governors in December 2006, after Rodriguez turned down an offer from Alabama.

It was double the amount of the previous contract, but a number attorney Steve Farmer said he believed would protect WVU from lost marketing, merchandising and other opportunities if Rodriguez left early.

Though Rodriguez initially balked, he ultimately signed a contract with that figure in August 2007. He resigned Dec. 16, taking recruits and assistant coaches with him, and leaving the Mountaineers just before the Fiesta Bowl game against Oklahoma. Bill Stewart replaced Rodriguez after a 48-28 victory over the Sooners.

Stewart has a five-year contract worth $800,000 a year, plus incentives. The base salary totals $4 million, the same amount WVU aimed to recover with its lawsuit.

Rodriguez testified recently in a deposition that he signed his contract under pressure from board members and Manchin. He argued that WVU failed to honor some of his demands and Garrison assured him the buyout clause would be reduced or eliminated if he were to resign - a promise Garrison denies making.

Rodriguez also testified that while he considered the amount "excessive" and "unfair," he acquiesced when he was told a major WVU donor had insisted on it.

WVU booster Ken Kendrick, managing general partner of the Arizona Diamondbacks, had insisted on the $4 million.

"I don't think that anybody wins in litigation," he said. "The university needs to get on with its business and Rich Rodriguez needs to get on with his business at Michigan."

Rodriguez has agreed to a similar $4 million damages clause at Michigan.