EXHIBIT
A
NATIONAL BASKETBALL ASSOCIATION UNIFORM
PLAYER CONTRACT
THIS AGREEMENT made this
day of ,
is by and between
(hereinafter called the “Team”), a member
of the National Basketball Association (hereinafter
called the “NBA” or “League”)
and ,
an individual whose address is shown below (hereinafter
called the “Player”). In consideration of
the mutual promises hereinafter contained, the parties
hereto promise and agree as follows:
1.TERM.
The Team hereby employs the Player as a skilled
basketball player for a term of ______ year(s) from
the 1st day of September______.
2.SERVICES.
The services to be rendered by the Player pursuant
to this Contract shall include: (a) training camp, (b)
practices, meetings, workouts, and skill or conditioning
sessions conducted by the Team during the Season, (c)
games scheduled for the Team during any Regular Season,
(d) Exhibition games scheduled by the Team or the League
during and prior to any Regular Season, (e) if the Player
is invited to participate, the NBA’s All-Star
Game (including the Rookie-Sophomore Game) and every
event conducted in association with such All-Star Game,
but only in accordance with Article XXI of the Collective
Bargaining Agreement currently in effect between the
NBA and the National Basketball Players Association
(hereinafter the “CBA”), (f) Playoff games
scheduled by the League subsequent to any Regular Season,
(g) promotional and commercial activities of the Team
and the League as set forth in this Contract and the
CBA, and (h) any NBADL Work Assignment in accordance
with Article XLII of the CBA.
3.COMPENSATION.
(a) Subject to paragraph 3(b) below, the Team agrees
to pay the Player for rendering the services and performing
the obligations described herein the Compensation described
in Exhibit 1 or Exhibit 1A hereto (less all amounts
required to be withheld by any governmental authority,
and exclusive of any amount(s) which the Player shall
be entitled to receive from the Player Playoff Pool).
Unless otherwise provided in Exhibit 1, such Compensation
shall be paid in twelve (12) equal semi-monthly payments
beginning with the first of said payments on November
15th of each year covered by the Contract and continuing
with such payments on the first and fifteenth of each
month until said Compensation is paid in full.
(b) The Team agrees to pay the Player $1,500 per week,
pro rata, less all amounts required to be withheld by
any governmental authority, for each week (up to a maximum
of four (4) weeks for Veterans and up to a maximum of
five (5) weeks for Rookies) prior to the Team’s
first Regular Season game that the Player is in attendance
at training camp or Exhibition games; provided, however,
that no such payments shall be made if, prior to the
date on which he is required to attend training camp,
the Player has been paid $10,000 or more in Compensation
with respect to the NBA Season scheduled to commence
immediately following such training camp. Any Compensation
paid by the Team pursuant to this subparagraph shall
be considered an advance against any Compensation owed
to the Player pursuant to paragraph 3(a) above, and
the first scheduled payment of such Compensation (or
such subsequent payments, if the first scheduled payment
is not sufficient) shall be reduced by the amount of
such advance.
(c) The Team will not pay and the Player will not accept
any bonus or anything of value on account of the Team’s
winning any particular NBA game or series of games or
attaining a certain position in the standings of the
League as of a certain date, other than the final standing
of the Team.
4.EXPENSES.
The Team agrees to pay all proper and necessary
expenses of the Player, including the reasonable lodging
expenses of the Player while playing for the Team “on
the road” and during the training camp period
(defined for this paragraph only to mean the period
from the first day of training camp through the day
of the Team’s first Exhibition game) for as long
as the Player is not then living at home. The Player,
while “on the road” (and during the training
camp period, only if the Player is not then living at
home and the Team does not pay for meals directly),
shall be paid a meal expense allowance as set forth
in the CBA. No deductions from such meal expense allowance
shall be made for meals served on an airplane. During
the training camp period (and only if the Player is
not then living at home and the Team does not pay for
meals directly), the meal expense allowance shall be
paid in weekly installments commencing with the first
week of training camp. For the purposes of this paragraph,
the Player shall be considered to be “on the road”
from the time the Team leaves its home city until the
time the Team arrives back at its home city.
5.CONDUCT.
(a) The Player agrees to observe and comply with all
Team rules, as maintained or promulgated in accordance
with the CBA, at all times whether on or off the playing
floor. Subject to the provisions of the CBA, such rules
shall be part of this Contract as fully as if herein
written and shall be binding upon the Player.
(b) The Player agrees: (i) to give his best services,
as well as his loyalty, to the Team, and to play basketball
only for the Team and its assignees; (ii) to be neatly
and fully attired in public; (iii) to conduct himself
on and off the court according to the highest standards
of honesty, citizenship, and sportsmanship; and (iv)
not to do anything that is materially detrimental or
materially prejudicial to the best interests of the
Team or the League.
(c) For any violation of Team rules, any breach of any
provision of this Contract, or for any conduct impairing
the faithful and thorough discharge of the duties incumbent
upon the Player, the Team may reasonably impose fines
and/or suspensions on the Player in accordance with
the terms of the CBA.
(d) The Player agrees to be bound by Article 35 of the
NBA Constitution, a copy of which, as in effect on the
date of this Contract, is attached hereto. The Player
acknowledges that the Commissioner is empowered to impose
fines upon and/or suspend the Player for causes and
in the manner provided in such Article, provided that
such fines and/or suspensions are consistent with the
terms of the CBA.
(e) The Player agrees that if the Commissioner, in his
sole judgment, shall find that the Player has bet, or
has offered or attempted to bet, money or anything of
value on the outcome of any game participated in by
any team which is a member of the NBA, the Commissioner
shall have the power in his sole discretion to suspend
the Player indefinitely or to expel him as a player
for any member of the NBA, and the Commissioner’s
finding and decision shall be final, binding, conclusive,
and unappealable.
(f) The Player agrees that he will not, during the term
of this Contract, directly or indirectly, entice, induce,
or persuade, or attempt to entice, induce, or persuade,
any player or coach who is under contract to any NBA
team to enter into negotiations for or relating to his
services as a basketball player or coach, nor shall
he negotiate for or contract for such services, except
with the prior written consent of such team. Breach
of this subparagraph, in addition to the remedies available
to the Team, shall be punishable by fine and/or suspension
to be imposed by the Commissioner.
(g) When the Player is fined and/or suspended by the
Team or the NBA, he shall be given notice in writing
(with a copy to the Players Association), stating the
amount of the fine or the duration of the suspension
and the reasons therefor.
6.WITHHOLDING.
(a) In the event the Player is fined and/or suspended
by the Team or the NBA, the Team shall withhold the
amount of the fine or, in the case of a suspension,
the amount provided in Article VI of the CBA from any
Current Base Compensation due or to become due to the
Player with respect to the contract year in which the
conduct resulting in the fine and/or the suspension
occurred (or a subsequent contract year if the Player
has received all Current Base Compensation due to him
for the then current contract year). If, at the time
the Player is fined and/or suspended, the Current Base
Compensation remaining to be paid to the Player under
this Contract is not sufficient to cover such fine and/or
suspension, then the Player agrees promptly to pay the
amount directly to the Team. In no case shall the Player
permit any such fine and/or suspension to be paid on
his behalf by anyone other than himself.
(b) Any Current Base Compensation withheld from or paid
by the Player pursuant to this paragraph 6 shall be
retained by the Team or the League, as the case may
be, unless the Player contests the fine and/or suspension
by initiating a timely Grievance in accordance with
the provisions of the CBA. If such Grievance is initiated
and it satisfies Article XXXI, Section 13 of the CBA,
the amount withheld from the Player shall be placed
in an interest-bearing account, pursuant to Article
XXXI, Section 9 of such Agreement, pending the resolution
of the Grievance.
7.PHYSICAL CONDITION.
(a) The Player agrees to report at the time and place
fixed by the Team in good physical condition and to
keep himself throughout each NBA Season in good physical
condition.
(b) If the Player, in the judgment of the Team’s
physician, 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 (unless such condition
results directly from an injury sustained by the Player
as a direct result of participating in any basketball
practice or game played for the Team during such Season),
so as to render the Player, in the judgment of the Team’s
physician, unfit to play skilled basketball, the Team
shall have the right to suspend such Player until such
time as, in the judgment of the Team’s physician,
the Player is in sufficiently good physical condition
to play skilled basketball. In the event of such suspension,
the Base Compensation payable to the Player for any
Season during such suspension shall be reduced in the
same proportion as the length of the period during which,
in the judgment of the Team’s physician, the Player
is unfit to play skilled basketball, bears to the length
of such Season. Nothing in this subparagraph shall authorize
the Team to suspend the Player solely because the Player
is injured or ill.
(c) If, during the term of this Contract, the Player
is injured as a direct result of participating in any
basketball practice or game played for the Team, the
Team will pay the Player’s reasonable hospitalization
and medical expenses (including doctor’s bills),
provided that the hospital and doctor are selected by
the Team, and provided further that the Team shall be
obligated to pay only those expenses incurred as a direct
result of medical treatment caused solely by and relating
directly to the injury sustained by the Player. Subject
to the provisions set forth in Exhibit 3, if in the
judgment of the Team’s physician, the Player’s
injuries resulted directly from playing for the Team
and render him unfit to play skilled basketball, then,
so long as such unfitness continues, but in no event
after the Player has received his full Base Compensation
for the Season in which the injury was sustained, the
Team shall pay to the Player the Base Compensation prescribed
in Exhibit 1 to this Contract for such Season. The Team’s
obligations hereunder shall be reduced by (i) any workers’
compensation benefits, which, to the extent permitted
by law, the Player hereby assigns to the Team, and (ii)
any insurance provided for by the Team whether paid
or payable to the Player.
(d) The Player agrees to provide to the Team’s
coach, trainer, or physician prompt notice of any injury,
illness, or medical condition suffered by him that is
likely to affect adversely the Player’s ability
to render the services required under this Contract,
including the time, place, cause, and nature of such
injury, illness, or condition.
(e) Should the Player suffer an injury, illness, or
medical condition, he will submit himself to a medical
examination, appropriate medical treatment by a physician
designated by the Team, and such rehabilitation activities
as such physician may specify. Such examination when
made at the request of the Team shall be at its expense,
unless made necessary by some act or conduct of the
Player contrary to the terms of this Contract.
(f) The Player agrees (i) to submit to a physical examination
at the commencement and conclusion of each Contract
year hereunder, and at such other times as reasonably
determined by the Team to be medically necessary, and
(ii) at the commencement of this Contract, and upon
the request of the Team, to provide a complete prior
medical history.
(g) The Player agrees to supply complete and truthful
information in connection with any medical examinations
or requests for medical information authorized by this
Contract.
(h) A Player who consults a physician other than a physician
designated by the Team shall give notice of such consultation
to the Team and shall authorize and direct such other
physician to provide the Team with all information it
may request concerning any condition that in the judgment
of the Team’s physician may affect the Player’s
ability to play skilled basketball.
(i) If and to the extent necessary to enable or facilitate
the disclosure of medical information as provided for
by this Contract or Article XXII of the CBA, the Player
shall execute such individual authorization(s) as may
be requested by the Team or as may be required by health
care providers who examine or treat the Player.
8.PROHIBITED SUBSTANCES.
The Player acknowledges that this Contract may be
terminated in accordance with the express provisions
of Article XXXIII (Anti-Drug Program) of the CBA, and
that any such termination will result in the Player’s
immediate dismissal and disqualification from any employment
by the NBA and any of its teams. Notwithstanding any
terms or provisions of this Contract (including any
amendments hereto), in the event of such termination,
all obligations of the Team, including obligations to
pay Compensation, shall cease, except the obligation
of the Team to pay the Player’s earned Compensation
(whether Current or Deferred) to the date of termination.
9.UNIQUE SKILLS.
The Player represents and agrees that he has extraordinary
and unique skill and ability as a basketball player,
that the services to be rendered by him hereunder cannot
be replaced or the loss thereof adequately compensated
for in money damages, and that any breach by the Player
of this Contract will cause irreparable injury to the
Team, and to its assignees. Therefore, it is agreed
that in the event it is alleged by the Team that the
Player is playing, attempting or threatening to play,
or negotiating for the purpose of playing, during the
term of this Contract, for any other person, firm, entity,
or organization, the Team and its assignees (in addition
to any other remedies that may be available to them
judicially or by way of arbitration) shall have the
right to obtain from any court or arbitrator having
jurisdiction such equitable relief as may be appropriate,
including a decree enjoining the Player from any further
such breach of this Contract, and enjoining the Player
from playing basketball for any other person, firm,
entity, or organization during the term of this Contract.
The Player agrees that this right may be enforced by
the Team or the NBA. In any suit, action, or arbitration
proceeding brought to obtain such equitable relief,
the Player does hereby waive his right, if any, to trial
by jury, and does hereby waive his right, if any, to
interpose any counterclaim or set-off for any cause
whatever.
10.ASSIGNMENT.
(a) The Team shall have the right to assign this
Contract to any other NBA team and the Player agrees
to accept such assignment and to faithfully perform
and carry out this Contract with the same force and
effect as if it had been entered into by the Player
with the assignee team instead of with the Team.
(b) In the event that this Contract is assigned to any
other NBA team, all reasonable expenses incurred by
the Player in moving himself and his family to the home
territory of the team to which such assignment is made,
as a result thereof, shall be paid by the assignee team.
(c) In the event that this Contract is assigned to another
NBA team, the Player shall forthwith be provided notice
orally or in writing, delivered to the Player personally
or delivered or mailed to his last known address, and
the Player shall report to the assignee team within
forty-eight (48) hours after said notice has been received
(if the assignment is made during a Season), within
one (1) week after said notice has been received (if
the assignment is made between Seasons), or within such
longer time for reporting as may be specified in said
notice. The NBA shall also promptly notify the Players
Association of any such assignment. The Player further
agrees that, immediately upon reporting to the assignee
team, he will submit upon request to a physical examination
conducted by a physician designated by the assignee
team.
(d) If the Player, without a reasonable excuse, does
not report to the team to which this Contract has been
assigned within the time provided in subsection (c)
above, then (i) upon consummation of the assignment,
the Player may be disciplined by the assignee team or,
if the assignment is not consummated or is voided as
a result of the Player’s failure to so report,
by the assignor Team, and (ii) such conduct shall constitute
conduct prejudicial to the NBA under Article 35(d) of
the NBA Constitution, and shall therefore subject the
Player to discipline from the NBA in accordance with
such Article.
11.VALIDITY AND FILING.
(a) This Contract shall be valid and binding upon
the Team and the Player immediately upon its execution.
(b) The Team agrees to file a copy of this Contract,
and/or any amendment(s) thereto, with the Commissioner
of the NBA as soon as practicable by facsimile and overnight
mail, but in no event may such filing be made more than
forty-eight (48) hours after the execution of this Contract
and/or amendment(s).
(c) If pursuant to the NBA Constitution and By-Laws
or the CBA, the Commissioner disapproves this Contract
(or amendment) within ten (10) days after the receipt
thereof in his office by overnight mail, this Contract
(or amendment) shall thereupon terminate and be of no
further force or effect and the Team and the Player
shall thereupon be relieved of their respective rights
and liabilities thereunder. If the Commissioner’s
disapproval is subsequently overturned in any proceeding
brought under the arbitration provisions of the CBA
(including any appeals), the Contract shall again be
valid and binding upon the Team and the Player, and
the Commissioner shall be afforded another ten-day period
to disapprove the Contract (based on the Team’s
Room at the time the Commissioner’s disapproval
is overturned) as set forth in the foregoing sentence.
The NBA will promptly inform the Players Association
if the Commissioner disapproves this Contract.
12.OTHER ATHLETIC ACTIVITIES.
The Player and the Team acknowledge and agree that the
Player's participation in certain other activities may
impair or destroy his ability and skill as a basketball
player, and the Player's participation in any game or
exhibition of basketball other than at the request of
the Team may result in injury to him. Accordingly, the
Player agrees that he will not, without the written
consent of the Team, engage in any activity that a reasonable
person would recognize as involving or exposing the
participant to a substantial risk of bodily injury including,
but not limited to: (i) sky-diving, hang gliding, snow
skiing, rock or mountain climbing (as distinguished
from hiking), rappelling, and bungee jumping; (ii) any
fighting, boxing, or wrestling; (iii) driving or riding
on a motorcycle or moped; (iv) riding in or on any motorized
vehicle in any kind of race or racing contest; (v) operating
an aircraft of any kind; (vi) engaging in any other
activity excluded or prohibited by or under any insurance
policy which the Team procures against the injury, illness
or disability to or of the Player, or death of the Player,
for which the Player has received written notice from
the Team prior to the execution of this Contract; or
(vii) participating in any game or exhibition of basketball,
football, baseball, hockey, lacrosse, or other team
sport or competition. If the Player violates this Paragraph
12, he shall be subject to discipline imposed by the
Team and/or the Commissioner of the NBA. Nothing contained
herein shall be intended to require the Player to obtain
the written consent of the Team in order to enable the
Player to participate in, as an amateur, the sports
of golf, tennis, handball, swimming, hiking, softball,
volleyball, and other similar sports that a reasonable
person would not recognize as involving or exposing
the participant to a substantial risk of bodily injury.
13.PROMOTIONAL ACTIVITIES.
(a) The Player agrees to allow the Team, the NBA,
or a League-related entity to take pictures of the Player,
alone or together with others, for still photographs,
motion pictures, or television, at such reasonable times
as the Team, the NBA or the League-related entity may
designate. No matter by whom taken, such pictures may
be used in any manner desired by either the Team, the
NBA, or the League-related entity for publicity or promotional
purposes. The rights in any such pictures taken by the
Team, the NBA, or the League-related entity shall belong
to the Team, the NBA, or the League-related entity,
as their interests may appear.
(b) The Player agrees that, during any year of this
Contract, he will not make public appearances, participate
in radio or television programs, permit his picture
to be taken, write or sponsor newspaper or magazine
articles, or sponsor commercial products without the
written consent of the Team, which shall not be withheld
except in the reasonable interests of the Team or the
NBA. The foregoing shall be interpreted in accordance
with the decision in Portland Trail Blazers v. Darnell
Valentine and Jim Paxson, Decision 86-2 (August 13,
1986).
(c) Upon request, the Player shall consent to and make
himself available for interviews by representatives
of the media conducted at reasonable times.
(d) In addition to the foregoing, and subject to the
conditions and limitations set forth in Article II,
Section 8 of the CBA, the Player agrees to participate,
upon request, in all other reasonable promotional activities
of the Team, the NBA, and any League-related entity.
For each such promotional appearance made on behalf
of a commercial sponsor of the Team, the Team agrees
to pay the Player $2,500 or, if the Team agrees, such
higher amount that is consistent with the Team’s
past practice and not otherwise unreasonable.
14.GROUP LICENSE.
(a) The Player hereby grants to NBA Properties,
Inc. (and its related entities) the exclusive rights
to use the Player’s Player Attributes as such
term is defined and for such group licensing purposes
as are set forth in the Agreement between NBA Properties,
Inc. and the National Basketball Players Association,
made as of September 18, 1995 and amended January 20,
1999 and July 29, 2005 (the “Group License”),
a copy of which will, upon his request, be furnished
to the Player; and the Player agrees to make the appearances
called for by such Agreement.
(b) Notwithstanding anything to the contrary contained
in the Group License or this Contract, NBA Properties
(and its related entities) may use, in connection with
League Promotions, the Player’s (i) name or nickname
and/or (ii) the Player’s Player Attributes (as
defined in the Group License) as such Player Attributes
may be captured in game action footage or photographs.
NBA Properties (and its related entities) shall be entitled
to use the Player’s Player Attributes individually
pursuant to the preceding sentence and shall not be
required to use the Player’s Player Attributes
in a group or as one of multiple players. As used herein,
League Promotion shall mean any advertising, marketing,
or collateral materials or marketing programs conducted
by the NBA, NBA Properties (and its related entities)
or any NBA team that is intended to promote (A) any
game in which an NBA team participates or game telecast,
cablecast or broadcast (including Pre-Season, Exhibition,
Regular Season, and Playoff games), (B) the NBA, its
teams, or its players, or (C) the sport of basketball.
15.TEAM DEFAULT.
In the event of an alleged default by the Team in the
payments to the Player provided for by this Contract,
or in the event of an alleged failure by the Team to
perform any other material obligation that it has agreed
to perform hereunder, the Player shall notify both the
Team and the League in writing of the facts constituting
such alleged default or alleged failure. If neither
the Team nor the League shall cause such alleged default
or alleged failure to be remedied within five (5) days
after receipt of such written notice, the National Basketball
Players Association shall, on behalf of the Player,
have the right to request that the dispute concerning
such alleged default or alleged failure be referred
immediately to the Grievance Arbitrator in accordance
with the provisions of the CBA. If, as a result of such
arbitration, an award issues in favor of the Player,
and if neither the Team nor the League complies with
such award within ten (10) days after the service thereof,
the Player shall have the right, by a further written
notice to the Team and the League, to terminate this
Contract.
16.TERMINATION.
(a) The Team may terminate this Contract upon written
notice to the Player if the Player shall:
- (i) at any time, fail, refuse, or neglect to conform
his personal conduct to standards of good citizenship,
good moral character (defined here to mean not engaging
in acts of moral turpitude, whether or not such acts
would constitute a crime), and good sportsmanship,
to keep himself in first class physical condition,
or to obey the Team’s training rules;
(ii) at any time commit a significant and inexcusable
physical attack against any official or employee of
the Team or the NBA (other than another player), or
any person in attendance at any NBA game or event,
considering the totality of the circumstances, including
(but not limited to) the degree of provocation (if
any) that may have led to the attack, the nature and
scope of the attack, the Player’s state of mind
at the time of the attack, and the extent of any injury
resulting from the attack;
(iii) at any time, fail, in the sole opinion of the
Team’s management, to exhibit sufficient skill
or competitive ability to qualify to continue as a
member of the Team; provided, however, (A) that if
this Contract is terminated by the Team, in accordance
with the provisions of this subparagraph, prior to
January 10 of any Season, and the Player, at the time
of such termination, is unfit to play skilled basketball
as the result of an injury resulting directly from
his playing for the Team, the Player shall (subject
to the provisions set forth in Exhibit 3) continue
to receive his full Base Compensation, less all workers’
compensation benefits (which, to the extent permitted
by law, and if not deducted from the Player’s
Compensation by the Team, the Player hereby assigns
to the Team) and any insurance provided for by the
Team paid or payable to the Player by reason of said
injury, until such time as the Player is fit to play
skilled basketball, but not beyond the Season during
which such termination occurred; and provided, further,
(B) that if this Contract is terminated by the Team,
in accordance with the provisions of this subparagraph,
during the period from the January 10 of any Season
through the end of such Season, the Player shall be
entitled to receive his full Base Compensation for
said Season; or
(iv) at any time, fail, refuse, or neglect to render
his services hereunder or in any other manner materially
breach this Contract.
(b) If this Contract is terminated by the Team by reason
of the Player’s failure to render his services
hereunder due to disability caused by an injury to the
Player resulting directly from his playing for the Team
and rendering him unfit to play skilled basketball,
and notice of such injury is given by the Player as
provided herein, the Player shall (subject to the provisions
set forth in Exhibit 3) be entitled to receive his full
Base Compensation for the Season in which the injury
was sustained, less all workers’ compensation
benefits (which, to the extent permitted by law, and
if not deducted from the Player’s Compensation
by the Team, the Player hereby assigns to the Team)
and any insurance provided for by the Team paid or payable
to the Player by reason of said injury.
(c) Notwithstanding the provisions of paragraph 16(b)
above, if this Contract is terminated by the Team prior
to the first game of a Regular Season by reason of the
Player’s failure to render his services hereunder
due to an injury or condition sustained or suffered
during a preceding Season, or after such Season but
prior to the Player’s participation in any basketball
practice or game played for the Team, payment by the
Team of any Compensation earned through the date of
termination under paragraph 3(b) above, payment of the
Player’s board, lodging, and expense allowance
during the training camp period, payment of the reasonable
traveling expenses of the Player to his home city, and
the expert training and coaching provided by the Team
to the Player during the training season shall be full
payment to the Player.
(d) If this Contract is terminated by the Team during
the period designated by the Team for attendance at
training camp, payment by the Team of any Compensation
earned through the date of termination under paragraph
3(b) above, payment of the Player’s board, lodging,
and expense allowance during such period to the date
of termination, payment of the reasonable traveling
expenses of the Player to his home city, and the expert
training and coaching provided by the Team to the Player
during the training season shall be full payment to
the Player.
(e) If this Contract is terminated by the Team after
the first game of a Regular Season, except in the case
provided for in subparagraphs (a)(iii) and (b) of this
paragraph 16, the Player shall be entitled to receive
as full payment hereunder a sum of money which, when
added to the salary which he has already received during
such Season, will represent the same proportionate amount
of the annual sum set forth in Exhibit 1 hereto as the
number of days of such Regular Season then past bears
to the total number of days of such Regular Season,
plus the reasonable traveling expenses of the Player
to his home.
(f) If the Team proposes to terminate this Contract
in accordance with subparagraph (a) of this paragraph
16, it must first comply with the following waiver procedure:
- (i) The Team shall request the NBA Commissioner
to request waivers from all other clubs. Such waiver
request may not be withdrawn.
(ii) Upon receipt of the waiver request, any other
team may claim assignment of this Contract at such
waiver price as may be fixed by the League, the priority
of claims to be determined in accordance with the
NBA Constitution and By-Laws.
(iii) If this Contract is so claimed, the Team agrees
that it shall, upon the assignment of this Contract
to the claiming team, notify the Player of such assignment
as provided in paragraph 10(c) hereof, and the Player
agrees he shall report to the assignee team as provided
in said paragraph 10(c).
(iv) If the Contract is not claimed prior to the expiration
of the waiver period, it shall terminate and the Team
shall promptly deliver written notice of termination
to the Player.
(v) The NBA shall promptly notify the Players Association
of the disposition of any waiver request.
(vi) To the extent not inconsistent with the foregoing
provisions of this subparagraph (f), the waiver procedures
set forth in the NBA Constitution and By-Laws, a copy
of which, as in effect on the date of this Contract,
is attached hereto, shall govern.
(g) Upon any termination of this Contract by the Player,
all obligations of the Team to pay Compensation shall
cease on the date of termination, except the obligation
of the Team to pay the Player’s Compensation to
said date.
17.DISPUTES.
In the event of any dispute arising between the
Player and the Team relating to any matter arising under
this Contract, or concerning the performance or interpretation
thereof (except for a dispute arising under paragraph
9 hereof), such dispute shall be resolved in accordance
with the Grievance and Arbitration Procedure set forth
in Article XXXI of the CBA.
18.PLAYER NOT A MEMBER.
Nothing contained in this Contract or in any provision
of the NBA Constitution and By-Laws shall be construed
to constitute the Player a member of the NBA or to confer
upon him any of the rights or privileges of a member
thereof.
19.RELEASE.
The Player hereby releases and waives any and all
claims he may have, or that may arise during the term
of this Contract, against (a) the NBA and its related
entities, the NBADL and its related entities, and every
member of the NBA or the NBADL, and every director,
officer, owner, stockholder, trustee, partner, and employee
of the NBA, NBADL and their respective related entities
and/or any member of the NBA or NBADL and their related
entities (excluding persons employed as players by any
such member), and (b) any person retained by the NBA
and/or the Players Association in connection with the
NBA/NBPA Anti-Drug Program, the Grievance Arbitrator,
the System Arbitrator, and any other arbitrator or expert
retained by the NBA and/or the Players Association under
the terms of the CBA, in both cases (a) and (b) above,
arising out of, or in connection with, and whether or
not by negligence, (i) any injury that is subject to
the provisions of paragraph 7 hereof, (ii) any fighting
or other form of violent and/or unsportsmanlike conduct
occurring during the course of any practice, any NBADL
game, and/or any NBA Exhibition, Regular Season, and/or
Playoff game (in all cases on or adjacent to the playing
floor or in or adjacent to any facility used for such
practices or games), (iii) the testing procedures or
the imposition of any penalties set forth in paragraph
8 hereof and in the NBA/NBPA Anti-Drug Program, or (iv)
any injury suffered in the course of his employment
as to which he has or would have a claim for workers’
compensation benefits. The foregoing shall not apply
to any claim of medical malpractice against a Team-affiliated
physician or other medical personnel.
20.ENTIRE AGREEMENT.
This Contract (including any Exhibits hereto) contains
the entire agreement between the parties and, except
as provided in the CBA, sets forth all components of
the Player’s Compensation from the Team or any
Team Affiliate, and there are no other agreements or
transactions of any kind (whether disclosed or undisclosed
to the NBA), express or implied, oral or written, or
promises, undertakings, representations, commitments,
inducements, assurances of intent, or understandings
of any kind (whether disclosed or undisclosed to the
NBA) (a) concerning any future Renegotiation, Extension,
or other amendment of this Contract or the entry into
any new Player Contract, or (b) involving compensation
or consideration of any kind (including, without limitation,
an investment or business opportunity) to be paid, furnished,
or made available to the Player, or any person or entity
controlled by, related to, or acting with authority
on behalf of the Player, by the Team or any Team Affiliate.
EXAMINE THIS CONTRACT CAREFULLY
BEFORE SIGNING IT.
THIS CONTRACT INCLUDES EXHIBITS
, WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF.
IN WITNESS WHEREOF the Player has hereunto
signed his name and the Team has caused this Contract
to be executed by its duly authorized officer. |
| Dated:
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By: _____
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Title: _ |
Team: |
| Dated:
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Player:
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Players Address:
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