Former Elite XC lightweight contender Nick Diaz today formally filed a breach of contract notice against Elite XC, which closed its doors earlier this month, to ensure that he can legally remain an active fighter in the days and months ahead with no restrictions.
The title of the letter read, "Notice of Breach - Unarmed Combatant Promotional Agreement between Nick Diaz and EliteXC Live, Inc." It was made available in its entirety over at GracieFighter.com.
The breach obviously comes from the promotion being unable to fulfill the number of fights on his contract. The promotion has 30 days to remedy the situation; however, that remains a very slim possibility now that it no longer exists.
Diaz was set to face Eddie Alvarez for the company's vacant lightweight title on November 8. That bout was scrapped when Elite XC announced its plans to fold.
The Cesar Gracie-trained Brazilian jiu-jitsu black belt is always in great shape and seems to want to fight a lot. So this letter should make him eligible to fight anywhere he pleases after 30 days.
Here's a snip:
"Pursuant to Article 43 of the Agreement, EliteXC Live Inc. has thirty (30) days to cure such material breach by posting a bond or other form of escrow in such an amount as set forth in the Agreement that must be payable to Mr. Diaz upon completion of each contemplated Bout set forth in the Agreement and any extensions thereof, and, specifically to evidence EliteXC Live Inc.'s ability to fulfill its obligations under Article 47. If EliteXC Live Inc. fails to cure such material breach in the manner set forth above within thirty (30) days of receipt this written notice, then in Accordance with Article 43, the Agreement and any extensions thereof will be terminated."
Diaz has been clear in the past that he enjoys competing in Japan under their rules and in a ring. In fact, he has been rumored for months to be facing "Mach" Sakurai for the DREAM welterweight crown.
The Japanese have traditionally always put together solid events on New Year's Eve and 2008 is no exception. Therefore, if Diaz becomes a free agent, don't be surprised to see him compete one more time before year's end ... perhaps on the stacked DREAM K-1 card.
Time will tell.