Player:
Team:
Date:
Paragraph 7(b) is hereby deleted and the following
shall be substituted in place and instead thereof:
“7. (b) The Player agrees, notwithstanding
any other provision of this Contract, that he
will to the best of his ability maintain himself
in physical condition sufficient to play skilled
basketball at all times. If the Player, in the
reasonable judgment of the physician designated
for that purpose by the Team, is not in good physical
condition at the date of his first scheduled game
for the Team, or if, at the beginning of or during
any Season, he fails to remain in good physical
condition, in either event so as to render the
Player unfit in the reasonable judgment of said
physician to play skilled basketball, the Team
shall have the right to suspend the Player for
successive one-week periods until the Player,
in the reasonable judgment of the Team’s
physician, is in good physical condition; provided,
however, that at the end of each such one-week
period of suspension, if the Team notifies the
Player, orally or in writing, that in its reasonable
judgment it believes the Player is still not in
good physical condition, and if the Player so
requests, then the Player shall be examined by
a physician or physicians designated for such
purpose by the President, or any Vice President
if the President is not available, of the American
Society of Orthopedic Physicians, or equivalent
organization (the “Reviewing Physician”),
whose sole judgment concerning the physical condition
of the Player to play skilled basketball shall
be binding upon the Team and the Player for purposes
of this paragraph. The suspension of the Player
shall be terminated promptly upon the failure
of the Team to give the Player the notice required
at the end of the one-week period or upon the
finding of said Reviewing Physician that the Player
is in physical condition sufficient to play skilled
basketball. In the event of a suspension permitted
hereunder, the Compensation (excluding any signing
bonus or Incentive Compensation) payable to the
Player for any Season during such suspension shall
be reduced in the same proportion as the length
of the period of disability so determined bears
to the length of the Season. Nothing in this paragraph
7(b) shall authorize the Team to suspend the Player
solely because the Player is injured or ill.”
|
