Article 2 UNIFORM PLAYER CONTRACT

2.1 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.

2.2 Limitation on Amendments.

  1. Except as provided in Sections 3, 6, 7(d), 8, 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.
  2. 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.

2.3 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:

  1. By agreeing upon provisions (to be set forth in Exhibit 1 to a Uniform Player Contract) setting forth the Cash Compensation to be paid or amounts to be loaned to the player for each Season of the Contract forrendering the services described in such Contract.
  2. By agreeing upon provisions (to be set forth in Exhibit 1 to a Uniform Player Contract) setting forth the Non-Cash Compensation to be paid or provided to the player for rendering the services described in such Contract.
  3. By agreeing upon provisions (to be set forth in Exhibit 1 to a Uniform Player Contract) setting forth lump sum bonuses, and the payment schedule therefore, 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, 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 conditioning program designated by the Team (subject to the limitations imposed by Section 11(h) below). Any amendment agreed upon pursuant to subsections (iii) or (iv) of this subsection (c) 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.
  4. 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.
  5. 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, such amendment shall comply with the provisions of Section 11(f) below and that no such amendment shall be permitted with respect to any Season in which the player’s Compensation is not greater than the Minimum Player Salary called for with respect to that Season pursuant to Section 6 below.
  6. By agreeing upon provisions (to be set forth in Exhibit 2 to a Uniform Player Contract) stating that the Cash 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:
    1. lack of skill;
    2. death not covered by an insurance policy procured by a Team for the player’s benefit (“non- insured death”);
    3. death covered by an insurance policy procured by a Team for the player’s benefit (“insured death”);
    4. 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”);
    5. 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”);
    6. 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”);
    7. mental disability not covered by an insurance policy procured by a Team for the player’s benefit (“non-insured mental disability”); and/or(viii) mental disability covered by an insurance policy procured by a Team for the player’s benefit (“insured mental disability”).
  7. 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 Cash 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 Cash Compensation.
  8. By agreeing upon provisions (to be set forth in Exhibit 4 to a Uniform Player Contract) (i) entitling a player to earn Cash Compensation upon the assignment of such player’s Uniform Player Contract, or (ii) prohibiting or limiting the Team’s right to assign such player’s Contract to another Team, subject, however, in either case (i) or (ii) to the provisions of Article XXIV.
  9. 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 paragraph 12 of the Uniform Player Contract may not be amended to permit a player to participate in any public game or public exhibition of basketball not approved in accordance with Article XXIII of this Agreement.
  10. By agreeing upon provisions (to be set forth in Exhibit 6 to a Uniform Player Contract) establishing the date and time of a physical examination of the player to be performed by a physician designated by the Team within seventy-two (72) hours of the execution of the Contract, the passage of such examination by the player (in the sole discretion of the Team) to be a condition precedent to the validity of the player’s Uniform Player Contract.
  11. By agreeing to delete clauses (b)(ii) and/or (b)(iii) of paragraph 5 of the Uniform Player Contract in their entirety.
  12. 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.
  13. 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 paragraph 13(b) of such Contract.
  14. 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) that 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, that the amount of any Cash Compensation protection or insurance contained in the Contract will immediately be reduced or eliminated. In addition to the foregoing, the parties may also agree that (x) 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 Section 11(f) below), and/or (y) that the Team’s right of set-off under Article XXVII of this Agreement will be modified or eliminated.
  15. By agreeing upon provisions (to be set forth in Exhibit 8 to a Uniform Player Contract) stating that the Contract will be assigned to another team within forty-eight (48) hours of its execution, such assignment and the consummation of such assignment to be conditions precedent to the validity of the Contract; provided, however, that any such sign-and-trade transaction must comply with Article VII, Section 8(e).

2.4 Cash Compensation Protection or Insurance.

  1. Lack of Skill. When a Team agrees to protect, in whole or in part, the Cash 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 and/or Exhibit 3 to the Uniform Player Contract, 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 Cash Compensation payable pursuant to Exhibit 1 to such Contract in the amounts and at the times called for by such Exhibit.
  2. Non-Insured Death. When a Team agrees to protect, in whole or in part, the Cash 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 non-insured death, such agreement shall mean that, subject to any conditions or limitations set forth in Exhibit 2 and/or 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(b)), 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 on account of the player’s failure to render his services thereunder, if such failure has been caused by the player’s death, 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 Cash 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 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; 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.
  3. Insured Death. When a Team agrees to insure, in whole or in part, the Cash 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 insured death, such agreement shall mean that, subject to any conditions set forth in Exhibit 2 and/or Exhibit 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(c)), the Team has procured (or will procure forthwith) 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 Cash 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 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 Cash Compensation provided for by a Uniform Player Contract in the event such Contract is terminated by the Team, pursuant to paragraphs 7(c), 16(b), and/or 16(c) thereof, by reason of the player’s disability or unfitness to play skilled basketball resulting from a non-insured basketball-related injury, such agreement shall mean that, subject to any conditions or limitations set forth in Exhibit 2 and/or Exhibit 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(d)), 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 because the player has been disabled and/or is unfit to play skilled basketball as a direct result of an injury sustained while participating in any basketball practice or game played for the Team shall in no way affect the player’s right to receive, in whole or in part, the Cash 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 or the use of any 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; 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.
  4. Non-Insured Injury or Illness. When a Team agrees to protect, in whole or in part, the Cash Compensation provided for by a Uniform Player Contract in the event such contract is terminated by the Team, pursuant to paragraphs 7(c), 16(b) and/or 16(c) thereof, by reason of the player’s disability or unfitness to play skilled basketball resulting from any non-insured injury or illness, such agreement shall mean that, subject to any conditions or limitations set forth in Exhibit 2 and/or Exhibit 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(e)), 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 on account of an injury, illness, or disability suffered or sustained by the player shall in no way affect the player’s right to receive, in whole or in part, the Cash 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 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; 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.
  5. Insured Injury or Illness. When a Team agrees to insure, in whole or in part, the Cash Compensation provided for by a Uniform Player Contract in the event such Contract is terminated by the Team, pursuant to paragraphs 7(c), 16(b) and/or 16(c) thereof, by reason of 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 Exhibit 2 and/or Exhibit 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(f)), the Team has procured (or will procure forthwith) 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 Cash 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 controlled substance; and (ii) at the time of the player’s termination, the player is not in material breach of such Contract.
  6. Non-Insured Mental Disability. When a Team agrees to protect, in whole or in part, the Cash 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 non-insured mental disability, such agreement shall mean that, subject to any conditions or limitations set forth in Exhibit 2 and/or Exhibit 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(g)), 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 on account of the player’s failure to render his services thereunder, if such failure has been caused by the player’s mental disability, shall in no way affect the player’s (or his duly appointed legal representative’s) right to receive, in whole or in part, the Cash 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 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; and (iv) if the Team, for its own benefit, has procured an insurance policy covering the player’s mental disability, 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.
  7. Insured Mental Disability. When a Team agrees to insure, in whole or in part, the Cash 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 insured mental disability, such agreement shall mean that, subject to any conditions or limitations set forth in Exhibit 2 and/or Exhibit 3 to the Uniform Player Contract (in addition to the conditions and limitations set forth in this Section 4(h)), the Team has procured (or will procure forthwith) an insurance policy (specifi-cally 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 Cash 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 controlled substance; and (ii) at the time of the player’s termination, the player is not in material breach of such Contract.
  8. No agreement by a Team to protect, in whole or in part, the Cash Compensation provided for by a Uniform Player Contract shall require (or be construed as requiring) such Team to continue the player on the Team, Active List, or Roster; nor shall any such agreement afford the player any right to continue, or to be deemed as having continued, on such Team, Active List, or Roster for any purpose.
  9. When a Team agrees to protect, in whole or in part, the Cash Compensation provided for by a Uniform Player Contract, and such protection is contingent on the satisfaction of a condition expressly set forth in Exhibit 2 to that Contract, such protection shall be applicable and effective only if the Player Contract has not previously been terminated at the time such condition is satisfied.
  10. When a Team agrees to protect, in whole or in part, the Cash Compensation provided for in any Option Year (in favor of the Team or the player) included in a Uniform Player Contract, such protection shall be applicable and effective only if the option to extend the term provided for in the Contract is exercised.

2.5 Conformity.

  1. 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.
  2. Notwithstanding Section 5(a) above, neither (i) the elimination from Section 3 above of any allowable amendment that was permitted under the 1995 NBA/NBPA Collective Bargaining Agreement, nor (ii) the provisions of Article II, Sections 7, 11(d), 11(e), 11(h), or Article XII shall 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 after the date of this Agreement.

2.6 Minimum Player Salary.

  1. 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.
  2. 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.
  3. In determining whether a Player Contract satisfies the Minimum Player Salary applicable to that player, the allocation of signing bonuses and deemed signing bonuses (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 such bonuses) equals or exceeds the Minimum Player Salary for such Season.
  4. 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.
  5. 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.
  6. Every Contract entered into between a player and Team that is intended to provide for only the Minimum Player Salary (with no Unlikely Bonuses) for one or more Seasons 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 a Salary for the Season(s) equal to the Minimum Player Salary for such Season(s) (with no Unlikely Bonuses) and shall be deemed amended to the extent necessary to so provide.”

2.7 Maximum Annual Salary.

  1. 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:
    1. 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.
    2. 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.
    3. 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.
  2. 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:
    1. 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.
    2. 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.
    3. 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.
  3. 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 August 1 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:
    1. 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 such August 1, (y) 105% of the Salary provided for in the final Season of the original term of the Contract, or (z) $9 million;
    2. 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 such August 1, (y) 105% of the Salary provided for in the final Season of the original term of the Contract, or (z) $11 million; or
    3. 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 such August 1, (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).
  4. 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 August 1 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 such August 1. A Rookie Scale Extension entered into pursuant to this subsection may not include any Incentive Compensation.
  5. Notwithstanding any other provision of this Agreement, no assignment of a Uniform Player Contract entered into after the date of this Agreement may, by reason of an assignment bonus contained in such Contract, cause the player’s Salary plus Unlikely Bonuses for the Salary Cap Year in which such assignment occurs to exceed the following amounts:
    1. 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 assignment bonus is earned, (y) 105% of the player’s Salary for the Season prior to the Season in which the assignment bonus is earned, or (z) $9 million.
    2. 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 assignment bonus is earned, (y) 105% of the player’s Salary for the Season prior to the Season in which the assignment bonus is earned, or (z) $11 million.
    3. 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 assignment bonus is earned, (y) 105% of the player’s Salary for the Season prior to the Season in which the assignment bonus is earned, or (z) $14 million.
  6. For purposes of calculating the Maximum Annual Salary for the 2000-01 Salary Cap Year pursuant to Sections 7(a)(i)(x), 7(a)(ii)(x), 7(a)(iii)(x), 7(b)(i)(x), 7(b)(ii)(x), 7(b)(iii)(x), 7(c)(i)(x), 7(c)(ii)(x), 7(c)(iii)(x), 7(e)(i)(x), 7(e)(ii)(x), and 7(e)(iii)(x), the Salary Cap shall be the Salary Cap without any adjustment pursuant to Article VII, Section 2(d)(1).

2.8 Promotional Activities.

  1. 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, during each year of the period covered by such Contract, the Player makes five individual personal appearances and five 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 of these ten 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 $1,000, 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:
    1. take place during (A) the period from the first day of a Season through the day of the NBA Draft following such Season, or (B) 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;
    2. occur in the home city (or geographic vicinity thereof) of the player’s Team (subject to subsection (a)(i)(B) above) or in a city (or geographic vicinity thereof) to which the player has traveled to play in a scheduled NBA game;
    3. not occur at a time that would interfere with a player’s reasonable preparation to play on the day of a Team game;
    4. 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;
    5. 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;
    6. not exceed a reasonable period of time; and
    7. not require the player to sign autographs as the pri-mary purpose of the appearance.

2.9 10-Day Contracts.

  1. Beginning on January 5 (if a business day) or the first business day following January 5 of any NBA Season, and solely for the purpose of replacing an injured player, 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”). No Team may enter into a 10-Day Contract with the same player more than twice during the course of any one Season.
  2. The Salary provided for by a 10-Day Contract shall not be less than the Minimum Player Salary.
  3. 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.

2.10 Rest-of-Season Contracts.

  1. 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”).
  2. The Salary provided for in a Rest-of-Season Contract shall not be less than the Minimum Player Salary.

2.11 General.

    1. Subject to Section 12 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 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.
    2. Notwithstanding subsection (a)(i) above, neither the NBA nor the Players Association 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.
  1. No player shall attend the regular training camp of any Team, or participate in 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 11(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.
  2. 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. The foregoing shall not, however, 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.
  3. Notwithstanding any other provision of this Agreement, (i) no Uniform Player Contract entered into after the date of this Agreement may provide for a signing bonus that exceeds twenty-five (25) percent of the Compensation (excluding Incentive Compensation) called for by the Contract (or, in the case of an Extension, by the extended term of the Extension), and (ii) no Offer Sheet may provide for a signing bonus that exceeds twenty-five (25) percent of the Compensation (excluding Incentive Compensation) called for by the Offer Sheet.
  4. Notwithstanding any other provision of the Agreement, no Uniform Player Contract entered into after the date of this Agreement may provide for Non-Cash Compensation in any Season that exceeds twenty-five (25) percent of the Compensation (excluding Incentive Compensation) called for with respect to such Season.
  5. Commencing with the 2001-02 Salary Cap Year, and notwithstanding any other provision of this Agreement, every Uniform Player Contract entered into after the date of this Agreement must provide (and every Uniform Player Contract entered into before the date of this Agreement shall be deemed to provide) that for each Season of such Contract, the player will be paid at least thirty (30) percent of his Salary for such Season in Current Cash Compensation and that such portion of Current Cash Compensation will be paid in accordance with the payment schedule provided in paragraph 3 of the Contract.
  6. 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.
    1. No Uniform Player Contract may provide for the player’s attendance at and participation in an off-season skill and conditioning program that exceeds two weeks in length.
    2. 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 conditioning program designated by the Team may also contain a provision providing that such bonus will be paid if the player, in the sole discretion of a physician designated by the Team, 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.

2.12 July Moratorium.

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 month of July. The foregoing sentence shall not preclude (i) a player from accepting any Required Tender or Qualifying Offer that is outstanding during the month of July, or (ii) a player and a Team from negotiating, during the month of July, over the terms and conditions of a Player Contract or Offer Sheet that may be entered into on or after August 1.