On Tuesday, Conan O’Brien said he will not carry on as host of NBC’s The Tonight Show if the struggling network moves the late night program to an after-midnight slot as part of a revamped evening line-up. So the question on the minds of fans is, Does Conan’s contract give NBC the right to bump him to 12:05 AM to make room for Jay Leno at 11:35?
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That’s also the $40 million legal question at the center of all the hoopla. If Conan’s deal says The Tonight Show will be broadcast at 11:35 PM, then NBC would be in violation of his contract by attempting to bump him. However, if there isn’t any time-slot language in his deal, Conan’s absolute refusal to take the 12:05 slot puts him in breach of his contract if he doesn’t do his show.
The Peacock has already made its stance clear, according to The New York Times: “The contract, NBC is arguing, guaranteed Mr. O’Brien would be installed as host of ‘The Tonight Show’ — and unlike many other deals for late-night stars, Mr. O’Brien’s contract contains no specific language about the time period the show would occupy, NBC executives said.”