ARTICLE II: UNIFORM
PLAYER CONTRACT
INDEX
Section 1. Required Form
Section 2. Limitation on Amendments
Section 3. Allowable Amendments
Section 4. Compensation Protection
or Insurance
Section 5. Conformity
Section 6. Minimum Player Salary
Section 7. Maximum Annual Salary
Section 8. Promotional Activities
Section 9. 10-Day Contracts
Section 10. Rest-of-Season Contracts
Section 11. Bonuses
Section 12. General
Section 13. Void Contracts
Section 14. Moratorium Period
Section
1. Required Form.
The Player Contract to be entered into by each player
and the Team by which he is employed shall be a Uniform
Player Contract in the form annexed hereto as Exhibit
A.
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Section 2. Limitation
on Amendments.
(a) Except as provided in Sections 3, 6, 7(d), 9, 10
and 11 of this Article, and in Article VII, Section
7 (Extensions, Renegotiations and Other Amendments)
or Article XII (Option Clauses), no amendments to the
form of Uniform Player Contract provided for by Section
1 of this Article shall be permitted.
(b) If a Team and a player enter into (i) a Uniform
Player Contract containing an amendment not specifically
permitted by this Agreement or (ii) a subsequent amendment
to an existing Player Contract where such amendment
is not specifically permitted by this Agreement, then
such Contract or subsequent amendment, as the case may
be, shall be disapproved by the Commissioner and, consequently,
rendered null and void.
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Section 3. Allowable
Amendments.
In their individual contract negotiations, a player
and a Team may amend the provisions of a Uniform Player
Contract, but only in the following respects:
(a) By agreeing upon provisions (to be set forth in
Exhibit 1 to a Uniform Player Contract) setting forth
the Compensation to be paid or amounts to be loaned
to the player for each Season of the Contract for rendering
the services and performing the obligations described
in such Contract.
(b) By agreeing upon provisions (to be set forth in
Exhibit 1 to a Uniform Player Contract) setting forth
lump sum bonuses, and the payment date for each such
bonus, to be paid as a result of: (i) the player’s
execution of a Uniform Player Contract or Extension
(a “signing bonus”); (ii) the exercise or
non-exercise of an option pursuant to Articles VII and
XII; (iii) the player’s achievement of agreed-upon
benchmarks relating to his performance as a player or
the Team’s performance during a particular NBA
Season, subject to the limitations imposed by paragraph
3(c) of the Uniform Player Contract and Section 11(c)
below; or (iv) the player’s achievement of agreed-upon
benchmarks relating to his physical condition or academic
achievement, including the player’s attendance
at and participation in an off-season summer league
and/or an off-season skill and/or conditioning program
upon terms and conditions agreed upon by the Team and
player (subject to the provisions of Section 11(b) below).
Any amendment agreed upon pursuant to subsections (iii)
or (iv) of this Section 3(b) must be structured so as
to provide an incentive for positive achievement by
the player and/or the Team; and any amendment agreed
upon pursuant to subsection (iii) must be based upon
specific numerical benchmarks or Generally Recognized
League Honors. By way of example and not limitation,
an amendment agreed upon pursuant to subsection (iii)
may provide for the player to receive a bonus if his
free-throw percentage exceeds 80%, but may not provide
for the player to receive a bonus if his free-throw
percentage improves over his previous Season’s
percentage.
(c) By agreeing upon provisions (to be set forth in
Exhibit 1 to a Uniform Player Contract) with respect
to extra promotional appearances to be performed by
the player (in addition to those required by paragraph
13 of such Contract) and the Compensation therefor.
(d) By agreeing upon a Compensation payment schedule
(to be set forth in Exhibit 1 to a Uniform Player Contract)
different from that provided for by paragraph 3(a) of
the Uniform Player Contract; provided, however, that
such amendment shall comply with the provisions of Section
3(b) above (relating to bonus payments) and Section
12(e) below and that the only such amendment that shall
be permitted with respect to any Season in which the
player’s Compensation is not greater than the
Minimum Player Salary shall be as described in Section
6(h) below.
(e) By agreeing upon provisions (to be set forth in
Exhibit 2 to a Uniform Player Contract) stating that
the Base Compensation provided for by a Uniform Player
Contract (as described in Exhibit 1 to such Contract)
shall be, in whole or in part, and subject to any conditions
or limitations, protected or insured (as provided for
by, and in accordance with the definitions set forth
in, Section 4 below) in the event that such Contract
is terminated by the Team by reason of the player’s:
(i) lack of skill;
(ii) death not covered by an insurance policy procured
by a Team for the player’s benefit (“non-insured
death”), or death covered by an insurance policy
procured by a Team for the player’s benefit
(“insured death”), provided that a Contract
can contain protection or insurance for only one of
the two categories set forth in this Section 3(e)(ii);
(iii) disability or unfitness to play skilled basketball
resulting from a basketball-related injury not covered
by an insurance policy procured by a Team for the
player’s benefit (“non-insured basketball-related
injury”), disability or unfitness to play skilled
basketball resulting from any injury or illness not
covered by an insurance policy procured by a Team
for the player’s benefit (“non-insured
injury or illness”), or disability or unfitness
to play skilled basketball resulting from an injury
or illness covered by an insurance policy procured
by a Team for the player’s benefit (“insured
injury or illness”), provided that a Contract
can contain protection or insurance in only one of
the three categories set forth in this Section 3(e)(iii);
and/or
(iv) mental disability not covered by an insurance
policy procured by a Team for the player’s benefit
(“non-insured mental disability”), or
mental disability covered by an insurance policy procured
by a Team for the player’s benefit (“insured
mental disability”), provided that a Contract
can contain protection or insurance in only one of
the two categories set forth in this Section 3(e)(iv).
(f) By agreeing upon provisions (to be set forth in
Exhibit 3 to a Uniform Player Contract) limiting or
eliminating the player’s right to receive his
Base Compensation (in accordance with paragraphs 7(c),
16(a)(iii), and 16(b) of the Uniform Player Contract)
when the player’s disability or unfitness to play
skilled basketball is caused by the re-injury of an
injury sustained prior to, or by the aggravation of
a condition that existed prior to, the execution of
the Uniform Player Contract providing for such Base
Compensation.
(g) By agreeing upon provisions (to be set forth in
Exhibit 4 to a Uniform Player Contract) (i) entitling
a player to earn Compensation if such player’s
Uniform Player Contract is traded to another NBA team,
or (ii) prohibiting or limiting the Team’s right
to trade such player’s Contract to another Team,
subject, however, in either case (i) or (ii) to the
provisions of Article XXIV.
(h) By agreeing upon provisions (to be set forth in
Exhibit 5 to a Uniform Player Contract) permitting the
player to participate or engage in some or all of the
activities otherwise prohibited by paragraph 12 of the
Uniform Player Contract; provided, however, that no
amendment to paragraph 12 of the Uniform Player Contract
shall permit a player to participate in any public game
or public exhibition of basketball not approved in accordance
with Article XXIII of this Agreement.
(i) By agreeing upon provisions (to be set forth in
Exhibit 6 to a Uniform Player Contract) establishing
that the player must report for and submit to a physical
examination to be performed by a physician designated
by the Team, subject to the provisions of Section 12(h)
below.
(j) By agreeing to delete paragraph 7(b) of the Uniform
Player Contract in its entirety and substituting therefor
the provision set forth in Exhibit 7 to a Uniform Player
Contract.
(k) By agreeing either (i) to delete paragraph 13(b)
of the Uniform Player Contract in its entirety, or (ii)
to delete the last sixteen words of the first sentence
of paragraph 13(b) of such Contract.
(l) By agreeing upon provisions for the purpose of terminating
an already-existing Uniform Player Contract prior to
the expiration of its stated term, stating as follows:
(i) the Team will request waivers on the player in accordance
with paragraph 16 of the Contract immediately following
the Commissioner’s approval of such amendment;
and (ii) should the player clear waivers and his Contract
thereupon be terminated (x) the amount of any Compensation
protection or insurance contained in the Contract will
immediately be reduced or eliminated, (y) as a result
of the termination of the Contract, the payment schedule
for any Compensation remaining to be paid will be accelerated
over a shorter period or stretched over a longer period
(subject, however, to Sections 12(e) and 12(f) below),
and/or (z) the Team’s right of set-off under Article
XXVII of this Agreement will be modified or eliminated.
(m) By agreeing upon provisions (to be set forth in
Exhibit 8 to a Uniform Player Contract) stating that
the Contract will be traded to another team within forty-eight
(48) hours of its execution or amendment, such trade
and the consummation of such trade to be conditions
precedent to the validity of the Contract or an amendment
thereto; provided, however, that any such sign-and-trade
transaction must comply with Article VII, Section 8(e).
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Section 4. Compensation
Protection or Insurance.
(a) Lack of Skill. When a Team agrees
to protect, in whole or in part, the Base Compensation
provided for by a Uniform Player Contract in the event
such Contract is terminated by the Team, pursuant to
paragraph 16(a)(iii) thereof, by reason of the player’s
lack of skill, such agreement shall mean that, subject
to any conditions or limitations set forth in Exhibit
2 to the Uniform Player Contract or expressly set forth
elsewhere in this Agreement, notwithstanding the provisions
of paragraphs 16(a)(iii), 16(d), 16(e), and 16(g) of
such Contract, the termination of such Contract by the
Team on account of the player’s failure to exhibit
sufficient skill or competitive ability shall in no
way affect the player’s right to receive, in whole
or in part, the Base Compensation payable pursuant to
Exhibit 1 to such Contract in the amounts and at the
times called for by such Exhibit.
(b) Non-Insured Death. When a Team
agrees to protect, in whole or in part, the Base Compensation
provided for by a Uniform Player Contract in the event
such Contract is terminated by the Team, pursuant to
paragraph 16(a)(iv) thereof, by reason of the player’s
failure to render his services thereunder, if such failure
has been caused by the player’s non-insured death,
such agreement shall mean that, subject to any conditions
or limitations set forth in this Section 4(b), Exhibit
2 to the Uniform Player Contract, or expressly set forth
elsewhere in this Agreement, notwithstanding the provisions
of paragraphs 16(a), 16(b), 16(c), 16(d), 16(e), and
16(g) of such Contract, the termination of such Contract
by the Team shall in no way affect the player’s
(or his estate’s or duly appointed beneficiary’s)
right to receive, in whole or in part, the Base Compensation
payable pursuant to Exhibit 1 to such Contract in the
amounts and at the times called for by such Exhibit;
provided, however, that: (i) such death does not result
from the player’s participation in activities
prohibited by paragraph 12 of the Uniform Player Contract
(as such paragraph may be modified by Exhibit 5 to the
Player Contract), suicide, the abuse of alcohol, or
the use of any Prohibited Substance or controlled substance;
(ii) at the time of the player’s failure to render
playing services, the player is not in material breach
of such Contract; (iii) if the Team, for its own benefit,
seeks to procure an insurance policy covering the player’s
death, the player cooperates with the Team in procuring
such an insurance policy, including by, among other
things, supplying all information requested of him,
and submitting to all examinations and tests requested
of him by or on behalf of the insurance company in connection
with the Team’s efforts to procure such policy;
and (iv) if the Team, for its own benefit, has procured
such an insurance policy, the player’s estate
and/or duly appointed beneficiary cooperates with the
Team and insurance company in the processing of the
Team’s claim under such policy.
(c) Insured Death. When a Team agrees
to insure, in whole or in part, the Base Compensation
provided for by a Uniform Player Contract in the event
such Contract is terminated by the Team, pursuant to
paragraph 16(a)(iv) thereof, by reason of the player’s
failure to render his services thereunder, if such failure
has been caused by the player’s insured death,
such agreement shall mean that, subject to any conditions
set forth in this Section 4(c), Exhibit 2 to the Uniform
Player Contract, or expressly set forth elsewhere in
this Agreement, the Team has procured an insurance policy
(specifically designated in Exhibit 2 to such Contract)
for the benefit of the player or his estate or beneficiary
that, subject to the conditions and limitations contained
in the policy, would pay a benefit in the event of the
player’s death in an amount equal to or less than
the Base Compensation remaining to be paid to the player
under Exhibit 1 of his Player Contract at the time of
his death; provided, however, that (i) such death does
not result from the player’s participation in
activities prohibited by paragraph 12 of the Uniform
Player Contract (as such paragraph may be modified by
Exhibit 5 to the Player Contract), suicide, the abuse
of alcohol, or the use of any Prohibited Substance or
controlled substance, and (ii) at the time of the player’s
failure to render playing services, the player is not
in material breach of such Contract.
(d) Non-Insured Basketball-Related Injury.
When a Team agrees to protect, in whole or in part,
the Base Compensation provided for by a Uniform Player
Contract in the event such Contract is terminated by
the Team, pursuant to paragraph 16(a)(iv) thereof, by
reason of the player’s failure to render his services
thereunder, if such failure has been caused by the player’s
disability and/or unfitness to play skilled basketball
as a direct result of an injury sustained while participating
in any basketball practice or game played for the Team,
such agreement shall mean that, subject to any conditions
or limitations set forth in this Section 4(d), Exhibit
2 to the Uniform Player Contract, or expressly set forth
elsewhere in this Agreement, notwithstanding the provisions
of paragraphs 7(b), 7(c), 16(a)(iii), 16(b), 16(c),
16(d), and 16(g) of such Contract, the termination of
such Contract by the Team shall in no way affect the
player’s right to receive, in whole or in part,
the Base Compensation payable pursuant to Exhibit 1
to such Contract in the amounts and at the times called
for by such Exhibit; provided, however, that: (i) such
injury does not result from an attempted suicide, the
abuse of alcohol, or the use of any Prohibited Substance
or controlled substance; (ii) at the time of the player’s
termination, the player is not in material breach of
such Contract; (iii) if the Team, for its own benefit,
seeks to procure an insurance policy covering the player’s
injury, the player cooperates with the Team in procuring
such an insurance policy, including by, among other
things, supplying all information requested of him,
and submitting to all examinations and tests requested
of him by or on behalf of the insurance company in connection
with the Team’s efforts to procure such policy;
and (iv) if the Team, for its own benefit, has procured
such an insurance policy, the player cooperates with
the Team and the insurance company in the processing
of the Team’s claim under such policy.
(e) Non-Insured Injury or Illness.
When a Team agrees to protect, in whole or in part,
the Base Compensation provided for by a Uniform Player
Contract in the event such contract is terminated by
the Team, pursuant to paragraph 16(a)(iv) thereof, by
reason of the player’s failure to render his services
thereunder, if such failure has been caused by a non-insured
injury, illness, or disability suffered or sustained
by the player, such agreement shall mean that, subject
to any conditions or limitations set forth in this Section
4(e), Exhibit 2 to the Uniform Player Contract, or expressly
set forth elsewhere in this Agreement, notwithstanding
the provisions of paragraphs 7(b), 7(c), 16(a)(iii),
16(b), 16(c), 16(d), and 16(g) of such Contract, the
termination of such Contract by the Team shall in no
way affect the player’s right to receive, in whole
or in part, the Base Compensation payable pursuant to
Exhibit 1 to such Contract in the amounts and at the
times called for by such Exhibit; provided, however,
that: (i) such injury, illness, or disability does not
result from the player’s participation in activities
prohibited by paragraph 12 of the Uniform Player Contract
(as such paragraph may be modified in Exhibit 5 to the
Player Contract), attempted suicide, the abuse of alcohol,
or the use of any Prohibited Substance or controlled
substance; (ii) at the time of such injury, illness,
or disability the player is not in material breach of
such Contract; (iii) if the Team, for its own benefit,
seeks to procure an insurance policy covering the player’s
injury and/or illness, the player cooperates with the
Team in procuring such an insurance policy, including
by, among other things, supplying all information requested
of him, and submitting to all examinations and tests
requested of him by or on behalf of the insurance company
in connection with the Team’s efforts to procure
such policy; and (iv) if the Team, for its own benefit,
has procured such an insurance policy, the player cooperates
with the Team and insurance company in the processing
of the Team’s claim under such policy.
(f) Insured Injury or Illness. When
a Team agrees to insure, in whole or in part, the Base
Compensation provided for by a Uniform Player Contract
in the event such Contract is terminated by the Team,
pursuant to paragraph 16(a)(iv) thereof, by reason of
the player’s failure to render his services thereunder,
if such failure has been caused by the player’s
disability or unfitness to play skilled basketball resulting
from an insured injury or illness, such agreement shall
mean that, subject to any conditions or limitations
set forth in this Section 4(f), Exhibit 2 to the Uniform
Player Contract, or expressly set forth elsewhere in
this Agreement, the Team has procured an insurance policy
(specifically designated in Exhibit 2 to such Contract)
for the benefit of the player or his estate or beneficiary
that, subject to the conditions and limitations contained
in the policy, would pay a benefit in the event of the
player’s disability or unfitness to play skilled
basketball resulting from an injury or illness in an
amount equal to or less than the Base Compensation remaining
to be paid to the player under Exhibit 1 of his Player
Contract at the time of his termination; provided, however,
that: (i) such injury or illness does not result from
the player’s participation in activities prohibited
by paragraph 12 of the Uniform Player Contract (as such
paragraph may be modified by Exhibit 5 to the Player
Contract), attempted suicide, the abuse of alcohol,
or the use of any Prohibited Substance or controlled
substance; and (ii) at the time of the player’s
termination, the player is not in material breach of
such Contract.
(g) Non-Insured Mental Disability.
When a Team agrees to protect, in whole or in part,
the Base Compensation provided for by a Uniform Player
Contract in the event such Contract is terminated by
the Team, pursuant to paragraph 16(a)(iv) thereof, by
reason of the player’s failure to render his services
thereunder, if such failure has been caused by the player’s
non-insured mental disability, such agreement shall
mean that, subject to any conditions or limitations
set forth in this Section 4(g), Exhibit 2 to the Uniform
Player Contract, or expressly set forth elsewhere in
this Agreement, notwithstanding the provisions of paragraphs
16(a), 16(b), 16(c), 16(d), 16(e), and 16(g) of such
Contract, the termination of such Contract by the Team
shall in no way affect the player’s (or his duly
appointed legal representative’s) right to receive,
in whole or in part, the Base Compensation payable pursuant
to Exhibit 1 to such Contract in the amounts and at
the times called for by such Exhibit; provided, however,
that: (i) such mental disability does not result from
the player’s attempted suicide, or the use of
any Prohibited Substance or controlled substance; (ii)
at the time of the player’s failure to render
playing services, the player is not in material breach
of such Contract; (iii) if the Team, for its own benefit,
seeks to procure an insurance policy covering the player’s
mental disability, the player (and/or his duly appointed
legal representative) cooperates with the Team in procuring
such an insurance policy, including by, among other
things, supplying all information requested of him,
and submitting to all examinations and tests requested
of him by the insurance company in connection with the
Team’s efforts to procure such policy; and (iv)
if the Team, for its own benefit, has procured such
an insurance policy, the player (and/or his duly appointed
legal representative) cooperates with the Team and insurance
company in the processing of the Team’s claim
under such policy.
(h) Insured Mental Disability. When
a Team agrees to insure, in whole or in part, the Base
Compensation provided for by a Uniform Player Contract
in the event such Contract is terminated by the Team,
pursuant to paragraph 16(a)(iv) thereof, by reason of
the player’s failure to render his services thereunder,
if such failure has been caused by the player’s
insured mental disability, such agreement shall mean
that, subject to any conditions or limitations set forth
in this Section 4(h), Exhibit 2 to the Uniform Player
Contract, or expressly set forth elsewhere in this Agreement,
the Team has procured an insurance policy (specifically
designated in Exhibit 2 to such Contract) for the benefit
of the player or his estate or beneficiary that, subject
to the conditions and limitations contained in the policy,
would pay a benefit in the event of the player’s
mental disability in an amount equal to or less than
the Base Compensation remaining to be paid to the player
under Exhibit 1 of his Player Contract at the time of
his termination; provided, however, that: (i) such mental
disability does not result from the player’s participation
in activities prohibited by paragraph 12 of the Uniform
Player Contract (as such paragraph may be modified by
Exhibit 4 to the Player Contract), attempted suicide,
or the use of any Prohibited Substance or controlled
substance; and (ii) at the time of the player’s
termination, the player is not in material breach of
such Contract.
(i) No agreement by a Team to protect or insure, in
whole or in part, the Base Compensation provided for
by a Uniform Player Contract shall require (or be construed
as requiring) such Team to continue to employ the player
(whether on the Active List, Inactive List, or otherwise);
nor shall any such agreement afford the player any right
to be employed, or to be deemed as having been employed,
by such Team for any purpose.
(j) Notwithstanding any other provision of this Agreement,
when a Team agrees to protect or insure, in whole or
in part, the Base Compensation provided for by a Uniform
Player Contract, and such protection or insurance is
contingent on the satisfaction of a condition expressly
set forth in Exhibit 2 to that Contract, such protection
or insurance shall be applicable and effective only
if the Player Contract has not previously been terminated
at the time such condition is satisfied.
(k) Notwithstanding any other provision of this Agreement,
when a Team agrees to protect or insure, in whole or
in part, the Base Compensation provided for in any Option
Year in favor of the Team included in a Uniform Player
Contract, such protection or insurance shall be applicable
and effective only if the option to extend the term
provided for in the Contract was exercised by the Team
prior to the termination of the Contract. When a Team
agrees to protect or insure, in whole or in part, the
Base Compensation provided for in any Option Year in
favor of the player, the applicability of such protection
or insurance in the circumstances in which the Option
has not been exercised by the player shall be governed
by the provisions of Article XII, Section 2(a).
(l) During the term of a Player Contract, the percentage
of protected or insured Base Compensation for any future
Season shall not exceed the percentage of unearned protected
or insured Base Compensation for any prior Season.
(m) With respect to Player Contracts entered into or
extended on or after the date of this Agreement:
(i) The maximum amount of aggregate Base Compensation
that can be protected for non-insured death is thirty
million dollars ($30,000,000).
(ii) If a player elects to purchase term life insurance
for his benefit, his Team shall be permitted to reimburse
him each Season for the premiums paid for such insurance
with respect to such Season and any other future Season(s);
provided, however, that (A) the amount of coverage
for which premiums are reimbursed by the Team in any
Season shall not exceed the lesser of (x) the aggregate
amount of the player’s unearned Base Compensation
for such Season and each remaining Season (excluding
an Option Year if not yet exercised) that is not protected
for non-insured death, and (y) forty million dollars
($40,000,000) and (B) any such premium reimbursement
shall not exceed the cost for 10-year guaranteed term
coverage at preferred rates.
(iii) If a Contract contains non-insured death protection
covering ten million dollars ($10,000,000) or more
of Base Compensation, the player shall be precluded
from purchasing life insurance for a period of ninety
(90) days following the execution of the Contract
or until such earlier time as the Team notifies the
player in writing that it is no longer attempting
to purchase life insurance coverage on the player
(up to the amount of the player’s Base Compensation
protection for non-insured death) for the Team’s
benefit. During such ninety (90) day period or until
such time as the Team issues the foregoing written
notification to the player, the Team’s efforts
to purchase life insurance on the player for the Team’s
benefit shall be conducted diligently and in good
faith.
(n) Notwithstanding that a Team and a player are authorized
under Article II, Section 4(a)–(h) to negotiate
additional conditions or limitations applicable to the
player’s Compensation protection or insurance
for such categories as the Team and player agree to
protect or insure, no Player Contract entered into on
or after the date of this Agreement may contain an additional
condition or limitation relating to the player’s
use, possession, or distribution of any substance covered
under the NBA Anti-Drug Program set forth in Article
XXXIII.
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Section 5. Conformity.
(a) All currently effective Player Contracts, and all
Player Contracts entered into following the execution
of this Agreement that do not otherwise so provide,
shall be deemed amended in such manner to require the
parties to comply with all terms of this Agreement,
including the terms of the Uniform Player Contract annexed
hereto as Exhibit A. All Player Contracts shall be subject
to the terms of this Agreement, which shall supersede
the terms of any Player Contract inconsistent herewith.
No Player Contract shall provide for the waiver by a
player or a Team of any benefits or the sacrifice of
any rights to which the player or the Team is entitled
by virtue of a Uniform Player Contract or this Agreement.
(b) Notwithstanding Section 5(a) above, the elimination
from Section 3 above of any allowable amendment that
was permitted under the 1999 NBA/NBPA Collective Bargaining
Agreement (with the exception of the elimination of
Article II, Section 3(k) of such Agreement), shall not
affect the terms of any Player Contract entered into
prior to the date of this Agreement. Nor shall any such
Player Contracts be affected by any provisions of this
Agreement expressly indicating that they apply only
to Player Contracts entered into on or after the date
of this Agreement.
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Section 6. Minimum
Player Salary.
(a) Except with respect to 10-Day Contracts provided
for in Section 9 below, and Rest-of-Season Contracts
provided for in Section 10 below, no Player Contract
shall provide for a Salary of less than the applicable
scale amount contained in the Minimum Annual Salary
Scale set forth as Exhibit C hereto.
(b) No 10-Day Contract or Rest-of-Season Contract (as
those terms are defined in Sections 9 and 10 below)
shall provide for a Salary of less than the Minimum
Player Salary applicable to that player.
(c) In determining whether a Player Contract provides
for a Salary of no less than the Minimum Player Salary
applicable to that player, the allocation of a deemed
signing bonus in respect of an “international
player payment” in excess of $500,000 (but no
other bonuses) shall be considered as part of the Salary
provided for by a Player Contract, provided that such
Player Contract makes clear that the Salary for each
Season (including the allocation of any such deemed
signing bonus) equals or exceeds the Minimum Player
Salary for such Season.
(d) On July 1 of each Salary Cap Year, any Player Contract
(whether entered into before or after the date of this
Agreement) that provides for a Salary for the upcoming
Season that is less than the applicable Minimum Player
Salary shall be deemed amended to provide for the applicable
Minimum Player Salary.
(e) Nothing in this Section 6 shall alter the respective
rights and liabilities of a player and a Team, as provided
for in the Uniform Player Contract or in this Agreement,
with respect to the termination of a Player Contract.
(f) Every Contract entered into between a player and
Team that is intended to provide for Compensation equal
to the Minimum Player Salary (with no bonuses of any
kind) for each Season must contain the following sentence
in Exhibit 1A of such Contract and shall be deemed amended
in the manner described in such sentence: “This
Contract is intended to provide for Compensation for
the ____________ Season(s) equal to the Minimum Player
Salary for such Season(s) (with no bonuses of any kind)
and shall be deemed amended to the extent necessary
to so provide.”
(g) Every Contract entered into between a player and
a Team that covers the 2011-12 Season and one or more
subsequent Seasons, and that is intended to provide
for Compensation equal to the Minimum Player Salary
(with no bonuses of any kind) for such Season(s), (i)
must state in Exhibit 1A of such Contract that the Compensation
for such Season(s) is the “Minimum Player Salary,”
and (ii) shall comply with and be subject to the provisions
of Article II, Section 6(f) above. The player’s
Salary for each such Season shall equal his then-applicable
Minimum Player Salary.
(h) A Uniform Player Contract that provides in any Season
for the player to earn Compensation not greater than
his applicable Minimum Player Salary (with no bonuses
of any kind) that, at the time the Contract is signed,
is fully or partially protected for lack of skill and
non-insured injury or illness may be amended to provide
for the player to be paid a portion of his Compensation
for such Season (the “Advance”), up to the
Maximum Advance Amount as defined below, prior to November
15 of such Season. The Maximum Advance Amount for a
Season shall equal the lesser of (i) 80% of the amount
of the player’s Compensation for such Season that
is protected for lack of skill and non-insured injury
or illness, or (ii) 7.5% of the player’s Base
Compensation for such Season. Any Advance paid to a
player for a Season pursuant to the foregoing must be
deducted in full from the first (i.e., November 15)
installment of Base Compensation for such Season that
the player would have received pursuant to paragraph
3(a) of the Contract had there been no such Advance.
To effectuate the requirement set forth in the preceding
sentence, every such Contract that provides for an Advance
must contain the following language (and only such language)
under the “Payment Schedule” heading (next
to the “Current” sub-heading) in Exhibit
1A with respect to each applicable Season:
“Player’s Current Base Compensation with
respect to the _________ Season(s) shall be paid in
accordance with paragraph 3(a), except that the November
15 installment of such Current Base Compensation shall
be reduced by $[amount of Advance], which amount shall
be paid to Player in advance on [date].”
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Section 7. Maximum
Annual Salary.
(a) Notwithstanding any other provision of this Agreement,
no Player Contract entered into after the date of this
Agreement may provide for a Salary plus Unlikely Bonuses
in the first Season covered by the Contract that exceeds
the following amounts:
(i) for any player who has completed fewer than seven
(7) Years of Service, the greater of (x) 25% of the
Salary Cap in effect at the time the Contract is executed,
(y) 105% of the Salary for the final Season of the
player’s prior Contract, or (z) $9 million;
(ii) for any player who has completed at least seven
(7) but fewer than ten (10) Years of Service, the
greater of (x) 30% of the Salary Cap in effect at
the time the Contract is executed, (y) 105% of the
Salary for the final Season of the player’s
prior Contract, or (z) $11 million; or
(iii) for any player who has completed ten (10) or
more Years of Service, the greater of (x) 35% of the
Salary Cap in effect at the time the Contract is executed,
(y) 105% of the Salary for the final Season of the
player’s prior Contract, or (z) $14 million.
(b) Notwithstanding any other provision of this Agreement,
no Renegotiation entered into after the date of this
Agreement may provide for a Salary plus Unlikely Bonuses
in the Renegotiation Season (as defined in Article VII,
Section 7(c)) that exceeds the following amounts:
(i) for any player who has completed fewer than seven
(7) Years of Service, the greater of (x) 25% of the
Salary Cap in effect at the time the Renegotiation
is executed, (y) 105% of the Salary for the Season
prior to the Renegotiation Season, or (z) $9 million;
(ii) for any player who has completed at least seven
(7) but fewer than ten (10) Years of Service, the
greater of (x) 30% of the Salary Cap in effect at
the time the Renegotiation is executed, (y) 105% of
the Salary for the Season prior to the Renegotiation
Season, or (z) $11 million; or
(iii) for any player who has completed ten (10) or
more Years of Service, the greater of (x) 35% of the
Salary Cap in effect at the time the Renegotiation
is executed, (y) 105% of the Salary for the Season
prior to the Renegotiation Season, or (z) $14 million.
(c) The parties recognize that it may not be possible
to ascertain at the time an Extension is executed whether
the Salary plus Unlikely Bonuses called for in the first
Season of the extended term will exceed the Maximum
Annual Salary set forth in this Section 7. Accordingly,
and notwithstanding any other provision of this Agreement,
the following rule shall apply to an Extension entered
into in accordance with Article VII, Section 7(a) or
a Rookie Scale Extension entered into in accordance
with Article VII, Section 7(b) after the date of this
Agreement: if, on the day following the last day of
the Moratorium Period of the Salary Cap Year encompassing
the first Season of the extended term of such Extension,
the Salary plus Unlikely Bonuses provided for in such
Season exceeds the following amounts:
(i) for any player who has completed fewer than seven
(7) Years of Service, the greater of (x) 25% of the
Salary Cap in effect on the day following the last
day of the Moratorium Period, (y) 105% of the Salary
provided for in the final Season of the original term
of the Contract, or (z) $9 million;
(ii) for any player who has completed at least seven
(7) but fewer than ten (10) Years of Service, the
greater of (x) 30% of the Salary Cap in effect on
the day following the last day of the Moratorium Period,
(y) 105% of the Salary provided for in the final Season
of the original term of the Contract, or (z) $11 million;
or
(iii) for any player who has completed ten (10) or
more Years of Service, the greater of (x) 35% of the
Salary Cap in effect on the day following the last
day of the Moratorium Period, (y) 105% of the Salary
provided for in the final Season of the original term
of the Contract, or (z) $14 million;
then such Salary plus Unlikely Bonuses shall immediately
be deemed amended to provide for the maximum amount
allowed by the applicable subsection (c)(i), (c)(ii),
or (c)(iii) set forth above. In such circumstance,
Salaries plus Unlikely Bonuses in subsequent Seasons
of the extended term shall also immediately be deemed
amended to provide for increases or decreases over
the amended Salary plus Unlikely Bonuses in the first
Season of the extended term in accordance with Article
VII, Section 5(c).
(d) A player and a Team may provide in a Rookie Scale
Extension that the player’s Salary (in the first
Season of the extended term) will equal “the Maximum
Annual Salary applicable to such player in the first
Season of the extended term,” and that the Salaries
in any subsequent Seasons of the extended term will
be increased or decreased based on percentages specified
by the parties that comply with Article VII, Section
5(c). Any such Rookie Scale Extension shall be deemed
amended on the day following the last day of the Moratorium
Period of the Salary Cap Year covering the first Season
of the extended term to provide for specific Salaries
for each Season of the extended term, based on the Maximum
Annual Salary applicable to such player on the day following
the last day of the Moratorium Period. A Rookie Scale
Extension entered into pursuant to this subsection may
not include any Incentive Compensation.
(e) Notwithstanding any other provision of this Agreement,
if a trade of a Uniform Player Contract entered into
or extended after the date of this Agreement would,
by reason of a trade bonus contained in such Contract,
cause the player’s Salary plus Unlikely Bonuses
for the Salary Cap Year in which such trade occurs to
exceed the following amounts:
(i) for any player who has completed fewer than seven
(7) Years of Service, the greater of (x) 25% of the
Salary Cap in effect at the time the trade bonus is
earned, (y) 105% of the player’s Salary for
the Season prior to the Season in which the trade
bonus is earned, or (z) $9 million;
(ii) for any player who has at least seven (7) but
fewer than ten (10) Years of Service, the greater
of (x) 30% of the Salary Cap in effect at the time
the trade bonus is earned, (y) 105% of the player’s
Salary for the Season prior to the Season in which
the trade bonus is earned, or (z) $11 million; or
(iii) for any player who has completed ten (10) or
more Years of Service, the greater of (x) 35% of the
Salary Cap in effect at the time the trade bonus is
earned, (y) 105% of the player’s Salary for
the Season prior to the Season in which the trade
bonus is earned, or (z) $14 million;
then such player’s trade bonus shall be deemed
amended to the extent necessary to reduce the player’s
Salary plus Unlikely Bonuses to the maximum amount
allowed by the applicable subsection (e)(i), (e)(ii),
or (e)(iii) set forth above.
(f) For purposes of this Section 7 only, the Salary
Cap shall be calculated in accordance with Article VII,
Section 2, except that the percentage of Projected BRI
to be utilized for such calculation shall be 48.04%
for all Salary Cap Years (including 2011-12, if the
NBA exercises its option to extend this Agreement pursuant
to Article XXXIX) during the term of this Agreement.
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Section 8. Promotional
Activities.
(a) A player’s obligation (pursuant to paragraph
13(d) of a Uniform Player Contract) to participate,
upon request, in all other reasonable promotional activities
of the Team and the NBA shall be deemed satisfied if:
-
(i) during each year of the period covered by such
Contract, the Player makes seven (7) individual
personal appearances (at least two (2) of which
shall be in connection with season ticketholder
events) and five (5) group appearances for or on
behalf of or at the request of the Team (or Team
Affiliate) by which he is employed and/or the NBA.
Up to two (2) of these twelve (12) appearances may
be assigned by the Team and/or the NBA in any year
to NBA Properties. The Player shall be reimbursed
for the actual expenses incurred in connection with
any such appearance, provided that such expenses
result directly from the appearance and are ordinary
and reasonable. The Player shall also receive compensation
from the Team by which he is employed of at least
$2,500, in accordance with paragraph 13(d) of the
Uniform Player Contract, for each promotional appearance
he makes for a commercial sponsor of such Team.
Any personal or group appearance required under
this subsection (a) must:
-
- (A) take place during (1) the period from the first
day of a Season through the day of the NBA Draft following
such Season, or (2) the off-season, provided that
no player may be required to make more than one off-season
appearance in any year covered by his Contract and
no player may be required to make such an off-season
appearance unless he resides in or is otherwise located
in the area where the appearance is to take place;
(B) occur in the home city (or geographic vicinity
thereof) of the player’s Team (subject to Section
8(a)(i)(A)(2) above) or in a city (or geographic vicinity
thereof) to which the player has traveled to play
in a scheduled NBA game;
(C) not occur at a time that would interfere with
a player’s reasonable preparation to play on
the day of a Team game;
(D) not occur at a time that would interfere with
a player’s ability to attend and participate
fully in any practice session conducted by the Team,
taking into account the commuting time from the practice
to the appearance;
(E) be scheduled with the player at least fourteen
(14) days in advance (by providing written notice
to the player of the time, nature, location, and expected
duration of the appearance) and called to his attention
again seven (7) days prior to the appearance;
(F) not exceed a reasonable period of time; and
(G) not require the player to sign autographs as the
primary purpose of the appearance, and
- (ii) The player participates in reasonable fan appreciation
activities before and after home games, including
but not limited to signing autographs for fans, greeting
fans, and participating in merchandise giveaways to
fans; provided, however, that no player shall be required
to participate in more than four (4) such activities
per Season.
(b) Upon request by the Team, the NBA, or a League-related
entity, and upon the Player’s consent, and subject
to the conditions and limitations set forth below, the
Player shall wear a wireless microphone during any game
or practice, including warm-up periods and going to
and from the locker room to the playing floor. The rights
in any audio captured by such microphone shall belong
to the NBA or a League-related entity and may be used
in any manner for publicity or promotional purposes.
(i) The NBA or a League-related entity will be responsible
for providing the audio equipment and for the placement
of the microphone on the player.
(ii) The player may remove the microphone at any time.
(iii) The audio captured by the wireless microphone
worn by the player (“Player Audio”) will
be screened and approved prior to airing by the telecast
producer and an NBA representative, and no such audio
will be aired live.
(iv) A game telecast will not include any Player Audio
that contains profanity or that could reasonably be
considered prejudicial or detrimental to the player
or other players.
(v) All audio tapes containing Player Audio will be
returned by the telecaster to the NBA and archived.
(vi) At the request of the player or the Players Association,
the NBA shall make available a copy of the Player
Audio.
(vii) In the event a player believes that any Player
Audio excerpt would be prejudicial or detrimental
to him if replayed in any non-game programming (e.g.,
home videos) or other publicity or promotional content,
and notifies the NBA to that effect in writing within
one hundred twenty (120) hours of the recording of
such audio, then neither the NBA nor any League-related
entity, following receipt of such notice from the
player, shall incorporate, or license others to incorporate,
such excerpt into any such content.
(viii) The player will receive advance written notice
of the conditions and limitations set forth in Section
8(b)(i)-(vii) above.
(c) Each player shall be required to participate each
Season, upon request, in promotional activities for
the benefit of the NBA’s television partners,
provided that such participation does not exceed one
(1) hour per player per Season and that the player is
reimbursed for any reasonable expenses he incurs in
connection with such participation.
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Section 9. 10-Day
Contracts.
(a) Beginning on January 5 (if a business day) or the
first business day following January 5 of any NBA Season,
a Team may enter into a Player Contract with a player
for the longer of (i) ten (10) days, or (ii) a period
encompassing three (3) games played by such Team (a
“10-Day Contract”).
(b) The Salary provided for by a 10-Day Contract shall
not be less than the Minimum Player Salary.
(c) No Team may enter into a 10-Day Contract with the
same player more than twice during the course of any
one Season. No Team may be a party at any one time to
more 10-Day Contracts than the number of players on
such Team’s Inactive List.
(d) No Team may enter into a 10-Day Contract if the
length of such Contract, in accordance with the first
sentence of this Section 10(a), would extend to or past
the date of the Team’s last Regular Season game
for such Season.
(e) Notwithstanding anything to the contrary contained
in a Uniform Player Contract, a 10-Day Contract shall
be terminated simply by providing written notice to
the player (and not by following the waiver procedure
set forth in paragraph 16 of the Uniform Player Contract)
and paying only such sums as are set forth in Exhibit
1 of such Contract.
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Section 10. Rest-of-Season
Contracts.
(a) At any time after the first day of an NBA Regular
Season, a Team may enter into a Player Contract that
may provide Compensation to a player only for the remainder
of that Season (a “Rest-of-Season Contract”).
(b) The Salary provided for in a Rest-of-Season Contract
shall not be less than the Minimum Player Salary.
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Section 11. Bonuses.
(a)
(i) Notwithstanding any other provision of this
Agreement, (A) no Uniform Player Contract entered
into or extended on or after the date of this Agreement
may provide for a signing bonus that exceeds twenty
(20) percent of the Compensation (excluding Incentive
Compensation) called for by the Contract (or, in the
case of an Extension, in the extended term of the
Extension), and (B) no Offer Sheet may provide for
a signing bonus that exceeds seventeen and one-half
(17_) percent (or, with respect to Offer Sheets entered
into from the date of this Agreement through March
1, 2006, twenty (20) percent) of the Compensation
(excluding Incentive Compensation) called for by the
Offer Sheet.
(ii) If a player’s Contract provides for a signing
bonus and the player is suspended for the intentional
failure or refusal to render the services required
under his Contract, the Team shall be entitled to
a return from the player of an amount equal to the
product of the signing bonus multiplied by a fraction,
the numerator of which is the number of Regular Season
games that the player is suspended as a result of
his failure or refusal to render such services and
the denominator of which is the total number of Regular
Season games to be played by the Team during the term
of the Contract (excluding any Option Year). The foregoing
shall not limit any other rights or remedies a Team
may have under the Contract or by law.
(b)
(i) No Uniform Player Contract may provide for the
player’s attendance at and participation in
an off-season skill and/or conditioning program that
exceeds two (2) weeks in length.
(ii) A Uniform Player Contract that contains a bonus
to be paid as a result of the player’s attendance
at and participation in an off-season summer league
and/or an off-season skill and/or conditioning program
may also contain a provision providing that such bonus
will be paid if: (A) the Team elects in writing to
waive the requirement that the player perform the
specified services; (B) the player, in lieu of providing
the specified services, participates in training and/or
plays games with his national team during the off-season;
and/or (C) the player has an injury, illness or other
medical condition that renders the player unable to
participate in such summer league and/or skill and
conditioning program. If a Contract contains a provision
of the type described in (A) above and the Team exercises
its right to waive the requirement that the player
perform the specified services with respect to one
or more off-seasons, the amounts paid to the player
shall continue to be treated as a bonus for the player’s
participation in an off-season summer league or off-season
skill and conditioning program and shall continue
to be subject to the rules in this Agreement relating
to such bonuses.
(iii) If a Uniform Player Contract contains a bonus
to be paid as a result of the player’s attendance
at and participation in an off-season summer league
and/or an off-season skill and/or conditioning program,
the Team shall be required to provide the player with
a reasonable opportunity to earn the bonus by, for
example, providing the player with the dates, times
and location(s) at which the specified services are
to be performed. A Team’s failure to comply
with this requirement with respect to any off-season
shall be deemed to constitute a waiver of the requirement
that the player perform the specified services for
such off-season.
(iv) No Player Contract entered into or extended after
the date of this Agreement may provide for bonuses
for any Season to be paid as a result of the player’s
attendance at and participation in an off-season summer
league and/or an off-season skill and/or conditioning
program that exceed 20% of the player’s Base
Compensation for such Season.
(c) No Uniform Player Contract entered into or extended
on or after the date of this Agreement may contain a
bonus for the player being on a Team’s Roster
as of a specified date or for a specified duration,
or for the player dressing in uniform for or being eligible
to play in a specified number of games.
(d) If a Player Contract contains Incentive Compensation,
a Team and player shall not be permitted at any time
to amend the Contract to modify the conditions that
the player must satisfy in order to earn all or any
portion of such Incentive Compensation.
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Section 12. General.
(a)
(i) Subject to Section 14 below, any oral or written
agreement between a player and a Team concerning terms
and conditions of employment shall be reduced to writing
in the form of a Uniform Player Contract or an amendment
thereto as soon as practicable. Immediately upon the
consummation of any such oral or written agreement,
the Team shall notify the NBA by facsimile or e-mail
and provide the NBA with all economic terms of such
agreement. Upon its receipt of such notice, the NBA
shall promptly provide the same notice to the Players
Association.
(ii) Notwithstanding subsection (a)(i) above, neither
the NBA, any Team, nor the Players Association or
any player, shall contend that any agreement concerning
terms and conditions of employment is binding upon
the player or the Team until a Player Contract embodying
such terms and conditions has been duly executed by
the parties. Nothing herein is intended to affect
(A) any authority of the Commissioner to approve or
disapprove Player Contracts, or (B) the effect of
the Commissioner’s approval or disapproval on
the validity of such Player Contracts.
(iii) A violation of the first sentence of subsection
(a)(i) above may be considered evidence of a violation
of Article XIII.
(b) No player shall attend the regular training camp
of any Team, or participate in games or organized practices
with the Team at any time, unless he is a party to a
Player Contract then in effect. For purposes of this
Section 12(b), a player shall be considered to be a
party to a Player Contract then in effect if such Contract
has been extended in accordance with an Option permitted
by this Agreement.
(c) The only form of Compensation that a Team may pay
a player under his Uniform Player Contract is cash via
a check made payable to the player or via a direct deposit
made to the player’s bank account. Compensation
of any other kind is prohibited.
(d) No Team shall make any direct or indirect payment
of any money, property, investments, loans, or anything
else of value for fees or otherwise to an agent, attorney,
or representative of a player (for or in connection
with such person’s representation of such player);
nor shall any Player Contract provide for such payment.
No player shall assign or otherwise transfer to any
third party his right to receive Compensation from the
Team under his Uniform Player Contract. Nothing in this
subsection (d), however, shall prevent a Team from sending
a player’s regular paycheck to a player’s
agent, attorney, or representative if so instructed
in writing by the player.
(e) Every Uniform Player Contract entered into or extended
after the date of this Agreement must provide that for
each Season of such Contract, the player will be paid
at least twenty (20) percent of his Salary for such
Season, excluding Likely Bonuses and any portion of
the player’s Salary attributable to a trade bonus,
in Current Base Compensation in accordance with the
payment schedule provided in paragraph 3 of the Contract.
(f) No Uniform Player Contract may provide for the payment
of any Compensation earned for a Season prior to the
July 1 immediately preceding such Season.
(g) A Team’s termination of a Uniform Player Contract
by reason of the player’s “lack of skill”
(under paragraph 16(a)(iii) of the Uniform Player Contract)
shall be interpreted to include a termination based
on the Team’s determination that, in view of the
player’s level of skill (in the sole opinion of
the Team), the Compensation paid (or to be paid) to
the player is no longer commensurate with the Team’s
financial plans or needs. The foregoing sentence shall
not affect any post-termination obligation to pay Compensation
that may result from Compensation protection provisions
included in a Uniform Player Contract.
(h) The following provisions shall govern an agreement
(to be set forth in Exhibit 6 to a Uniform Player Contract)
establishing that the player must report for and submit
to a physical examination to be performed by a physician
designated by the Team:
(i) The player must report for such physical examination
at the time designated by the Team (which shall be
no later than the third business day following the
execution of the Contract), and must, upon reporting,
supply all information reasonably requested of him,
provide complete and truthful answers to all questions
posed to him, and submit to all examinations and tests
requested of him. The determination of whether the
player has passed the physical examination shall be
made by the Team in its sole discretion. If the player
does not pass the physical examination, the Team shall
so notify the player no later than the sixth business
day following the execution of the Contract.
(ii) The Team’s determination that the player
has passed the physical examination by the player
shall be a condition precedent to the validity of
the Contract. Accordingly, and without limiting the
generality of the preceding sentence, until such time
as a player has passed the physical examination, the
prohibitions set forth in Section 12(b) above shall
continue to apply to the Team and player.
(iii) A Required Tender or a Qualifying Offer may
contain an Exhibit 6. If a player accepts such a Required
Tender or Qualifying Offer but does not pass the required
physical examination, the Required Tender or Qualifying
Offer shall be deemed to have been withdrawn, which
shall have the consequences described in Article X,
Section 4 or Article XI, Section 4, as the case may
be.
(i) A player who knows he has an injury, illness,
or condition that renders, or he knows will likely render,
him physically unable to perform the playing services
required under a Player Contract may not validly enter
into such Contract without prior written disclosure
of such injury, illness, or condition to the Team.
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Section 13. Void
Contracts.
If a Player Contract fails to take effect or becomes
void as a result of a Commissioner disapproval, the
player’s failure to pass a physical examination
conducted pursuant to Exhibit 6 to such Contract, or
the rescission of a trade conducted pursuant to Article
VII, Section 8(e), then, in each such case:
(a) the Team shall continue to possess such rights with
respect to the player as the Team possessed at the time
of the execution of the Contract, including, without
limitation, any such rights that the Team possessed
pursuant to Article VII, Section 6(b), Article X and
Article XI;
(b) any Required Tender or Qualifying Offer that was
outstanding at the time the Contract was executed shall
continue in effect as if the Contract had not been executed
(including if the original deadline for accepting the
Required Tender or Qualifying Offer expired following
the execution of the Contract), but for no fewer than
six (6) business days following the Commissioner’s
disapproval, the Team’s issuance of notice to
the player that he did not pass the physical examination,
or the rescission of such trade, as the case may be;
and
(c) in the case of a player who does not pass a physical
examination pursuant to Exhibit 6: (i) the player shall
not be permitted to accept such Required Tender or Qualifying
Offer for a period of two (2) business days following
his receipt of notice from the Team that he did not
pass his physical examination, during which period the
Team may elect to withdraw the Required Tender or Qualifying
Offer, which shall have the consequences described in
Article X, Section 4 or Article XI, Section 4, as the
case may be; and (ii) if the Required Tender or Qualifying
Offer is not withdrawn by the Team during this period,
the Required Tender or Qualifying Offer shall thereafter
be deemed amended so as to eliminate any Exhibit 6 that
may be contained therein.
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Section 14. Moratorium
Period.
Except as permitted in the next sentence, notwithstanding
any other provision of this Agreement, no player and
Team may enter into any oral or written agreement concerning
terms and conditions of the player’s employment,
or reduce any such agreement to writing in the form
of a Uniform Player Contract or amendment, during the
Moratorium Period. The following shall be permitted
during the Moratorium Period: (i) a player may accept
any Required Tender, Qualifying Offer, or “Maximum
Qualifying Offer” (as defined in Article XI, Section
4(a)(ii)) that is outstanding; (ii) a player and a Team
may negotiate over the terms and conditions of a Player
Contract or Offer Sheet that may be entered into following
the conclusion of the Moratorium Period; (iii) a First
Round Pick and the Team that holds his draft rights
may enter into a Rookie Scale Contract; and (iv) a player
and a Team may enter into a Player Contract, not to
exceed two (2) Seasons in length, that provides for
a Salary for each Salary Cap Year equal to the Minimum
Player Salary applicable to the player (with no Unlikely
Bonuses).
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