I'm not sure how exactly Maryland will lose that one.
It's a clear penalty provision and frankly, those are just rarely enforceable. They tied it to 'revenue' in order to make it look like an actual damages calculation for a breach, but they'd still have to establish that they're actually out the revenue. Otherwise the damages have been mitigated and all is well.
The ACC overplayed their hands there, IMO.
If you can't draw a crowd, draw dicks on the wall.