Nike claims that had Keflezighi or Berian responded to their lack of clarification before then, they would have removed the reductions from its offer to Berian. From today's filings:
"Because Defendant’s agent had failed to list the lack of standard reductions on the New Balance Offer or otherwise offer evidence beyond his own cover note regarding reductions, Nike included them in the proposed form of contract, but that in no way undermined its commitment to match the New Balance Offer, regardless of whether it included reductions...
It is telling that when push came to shove and Defendant needed a sworn declaration from New Balance regarding reductions for this litigation, he easily obtained one. Had Defendant’s agent done so when Nike requested it in January 2016, Nike would have conceded at that point that the New Balance offer was reduction-free."
The shoe company claims that this lack of response from Berian and Keflezighi was part of a plan to sign with New Balance:
Basically Berian & his Agent tried to Ignore Nike in hopes they would go away so he could sign with New Balance... Totally unprofessional and I don't feel bad for him anymore. Totally screwed himself