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.

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.
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:

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.
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.
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.
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.
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:
1. lack of skill;
2. 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);
3. 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
4. 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).
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.
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.
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.
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.
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.
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.
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.
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).

2.4 Compensation Protection or Insurance.

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.
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.
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.
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.
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.
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 [sic]
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.
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.
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.
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.
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).
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.
With respect to Player Contracts entered into or extended on or after the date of this Agreement:
1. The maximum amount of aggregate Base Compensation that can be protected for non-insured death is thirty million dollars ($30,000,000).
2. 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.
3. 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.
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.

2.5 Conformity.

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.
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.

2.6 Minimum Player Salary.

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.
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.
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 [sic]
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.
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.
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.”
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, Section6(f) above. The player’s Salary for each such Season shall equal his then-applicable Minimum Player Salary.
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].”

2.7 Maximum Annual Salary.

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; 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 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.
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; 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 at the time the Renegotiation is executed, (y) 105% of the Salary for the Season prior to the Renegotiation Season, or (z) $14 million.
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:
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 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;
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 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
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 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).
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.
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:
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 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;
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 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
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 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.
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.

2.8 Promotional Activities.

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:
1. 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:
  1. 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;
  2. 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;
  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 primary purpose of the appearance, and
2. 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.
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.
1. 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.
2. The player may remove the microphone at any time.
3. 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.
4. 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.
5. All audio tapes containing Player Audio will be returned by the telecaster to the NBA and archived.
6. At the request of the player or the Players Association, the NBA shall make available a copy of the Player Audio.
7. 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.
8. The player will receive advance written notice of the conditions and limitations set forth in Section 8(b)(i)-(vii) above.
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.

2.9 10-Day Contracts.

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”).
The Salary provided for by a 10-Day Contract shall not be less than the Minimum Player Salary.
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.
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.
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.

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

2.11 Bonuses.

1. 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 (17½) percent (or, with respect to [sic]
  1. 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.
1. 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.
  1. 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.
  2. 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.
  3. 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 summerleague and/or an off-season skill and/or conditioning program that exceed 20% of the player’s Base Compensation for such Season.
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.
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.

2.12 General.

1. 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.
  1. 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.
  2. A violation of the first sentence of subsection (a)(i) above may be considered evidence of a violation of Article XIII.
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.
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.
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.
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.
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.
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.
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:
1. 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.
2. 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.
3. 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.
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.

2.13 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:

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;
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
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.

2.14 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).