Article 29 MISCELLANEOUS

29.1 Active List.

Each Team agrees to have at least twelve (12) and no more than fifteen (15) players on its Active List and to have a minimum of eight (8) players on the bench for all Regular Season games; provided, however, that for no more than (a) two (2) consecutive weeks at a time, and (b) a total of twenty-eight (28) days, a Team may have eleven (11) players on its Active List. During the period from the day following the last day of the Season until the day before the first day of the following Regular Season, the maximum number of players (including Two-Way Players) that a Team may carry on its Active List shall be twenty-one (21). Players on the Inactive List and Two-Way List shall be transferred to the Active List on the day following the last day of the Season.

29.2 Roster Size.

  1. During the period from the first day of the Regular Season through the last day of the Regular Season (or, for Teams that qualify for the “postseason” (as defined below), through the Team’s last game of the Season), each Team agrees to have either fourteen (14) or fifteen (15) players, in aggregate, on its Active List and Inactive List.
  2. Notwithstanding Section 2(a), during the Regular Season a Team may have:
    1. Twelve (12) or thirteen (13) players, in aggregate, on its Active List and Inactive List for no more than (A) two (2) consecutive weeks at a time, and (B) a total of twenty-eight (28) days; and
    2. More than fifteen (15) players, in aggregate, on its Active and Inactive List as a result of:
      1. The NBA authorizing the Team to sign a Player Contract pursuant to the NBA’s hardship rules; and/or
      2. A player on the Team’s Active or Inactive List who (1) is unable to perform the playing services required under his Player Contract during a period in which he is subject to in-patient treatment prescribed by the Medical Director of the Anti-Drug Program, and (2) has missed at least three (3) consecutive Regular Season games because of such treatment.
    A day shall count toward the limits set forth in Section 2(b)(i) above if the Team had fewer than fourteen (14) players, in aggregate, on its Active List and Inactive List at the end of such day.
  3. For each Two-Way Player that a Team places on the Active List or Inactive List, the minimum and maximum roster size limits set forth in Sections 2(a) and 2(b) above shall be increased by one (1) player for that Team.
  4. Other than during the period set forth in Section 2(a) above, each Team agrees to have no more than twenty-one (21) players, in aggregate, on its Active List, Inactive List, and Two-Way List.
  5. For purposes of this Article XXIX, “postseason” means Play-In Games and/or the playoffs.

29.3 Two-Way Roster.

  1. During the period from the first day of the Regular Season through the last day of the Season, a Two-Way Player shall be placed on his Team’s (i) Active List or Inactive List (as applicable) while the Two-Way Player is providing services to the NBA Team, and (ii) Two-Way List at all other times.
  2. A Two-Way Player is not eligible to be designated on an NBA Team’s postseason roster or participate in NBA postseason games, but is permitted to travel and practice with the Team and remain on the Team’s Inactive List during the NBA postseason; provided, however, that subject to Section 4 below, a player who was previously a Two-Way Player but who, prior to the start of the Team’s last Regular Season game, either signs a Standard NBA Contract in accordance with Article II, Section 11(h) or has his Two-Way Contract converted by the Team to a Standard NBA Contract pursuant to Article II, Section 11(g), is eligible to be designated on an NBA Team’s postseason roster and participate in NBA postseason games.

29.4 Postseason Eligibility Waiver Deadline.

Any player (including any Two-Way Player) with respect to whom a request for waivers has been made after 11:59 p.m. eastern time on March 1 is not eligible to participate in postseason games during the then-current Season unless the player has been acquired by a Team whose Active List is reduced to eight (8) players due to injury or illness.

29.5 Minimum League-Wide Roster.

  1. If for two consecutive Regular Seasons, NBA Teams in the aggregate employ an average of less than fourteen and one-quarter (14.25) players (excluding Two-Way Players) per Team, then for each Regular Season covered by this Agreement that follows such consecutive two-year period:

    1. The requirement set forth in Section 2(a) above that each Team have either fourteen (14) or fifteen (15) players, in aggregate, on its Active and Inactive List shall be modified so that each Team would for the remainder of the term of this Agreement be required to have fifteen (15) players, in aggregate, on its Active and Inactive List; and
    2. The rule set forth in Section 2(b)(i) above allowing a Team to have twelve (12) or thirteen (13) players, in aggregate, on its Active List and Inactive List for no more than (A) two (2) consecutive weeks at a time, and (B) a total of twenty-eight (28) days shall be modified so that each Team would for the remainder of the term of this Agreement be permitted to have thirteen (13) or fourteen (14) players, in aggregate, on its Active List and Inactive List for such time periods (Sections 5(a)(i) and 5(a)(ii) together, the “League-Wide Roster Increase”).
  2. If for two consecutive Regular Seasons, NBA Teams in the aggregate employ an average of less than fourteen and one-half (14.5) players (excluding Two-Way Players) per Team, then the Players Association shall have the option, exercisable within forty-five (45) days following the last day of the second of such two consecutive Regular Seasons, to amend Article II, Section 11(b)(i) above such that, beginning on the first day of the immediately following Salary Cap Year and continuing through the remaining term of this Agreement, no Team would be permitted to have on its roster at any one time more than two (2) Two-Way Players (“PA Third Two-Way Option”).

  3. The rules set forth in Sections 5(a) and 5(b) above shall be measured following each Regular Season as follows:

    • STEP 1: For each player signed to a Standard NBA Contract (including a Rest-of-Season or 10-Day Contract) during a Regular Season, determine the number of days during such Regular Season that such player was carried on his Team’s Active List or Inactive List (hereinafter “Duty Days”).

    • STEP 2: Determine the total Duty Days for all players for such Regular Season by adding together the results for each player from Step 1.

    • STEP 3: Multiply (x) the number of NBA Teams that played games during the applicable Regular Season, by (y) the number of days during the Regular Season, by (z) fourteen and one-quarter (14.25) or fourteen and one-half (14.5), as applicable.

    • STEP 4: If, for two consecutive Regular Seasons, the result in Step 2 above is less than the applicable result in Step 3 above, then the League-Wide Roster Increase and/or PA Third Two-Way Option, as applicable, will be triggered.

29.6 Games Played Requirement for Certain League Honors.

  1. Award Eligibility. No player shall be eligible for NBA Most Valuable Player, NBA Defensive Player of the Year, NBA Most Improved Player, All-NBA Team (First, Second, or Third), or NBA All-Defensive Team (First or Second) honors (the “Applicable Generally Recognized League Honors”) for a Season unless the player has satisfied at least one of the following criteria (the “Award Eligibility Criteria”) in respect of such Season: (1) the player played in at least sixty-five (65) Regular Season games; or (2) the player (A) played in at least sixty-two (62) Regular Season games, (B) suffered a “season-ending injury” (as defined below), and (C) played in at least eighty-five percent (85%) of the Regular Season games played by his Team prior to the player suffering such injury.
    1. For purposes of this Section 6, and notwithstanding anything to the contrary in this Agreement:
      1. A “season-ending injury” is an injury that, in the opinion of a physician jointly selected by the NBA and Players Association, makes it substantially more likely than not that the player would be unable to play through the May 31 following the date of such injury; and
      2. A player shall be considered to have played in a Regular Season game if he played at least twenty (20) minutes of such game, provided that in respect of no more than two (2) Regular Season games per Season, such player will be considered to have played in a Regular Season game if he played at least fifteen (15) minutes and fewer than twenty (20) minutes in such game.
    2. A player who fails to satisfy the Award Eligibility Criteria in a Season may nonetheless be deemed eligible for the Applicable Generally Recognized League Honors if he prevails in either an Award Eligibility Grievance or an Extraordinary Circumstances Challenge in respect of such Season in accordance with the procedures set forth in Sections 6(b) and 6(c) below. A player may not bring both an Award Eligibility Grievance and an Extraordinary Circumstances Challenge in respect of the same Season.
  2. Award Eligibility Grievance.
    1. To prevail in an Award Eligibility Grievance in respect of a Season, the player bears the burden of proving, by clear and convincing evidence, that the Team willfully limited the player’s number of minutes played or games played during the Regular Season with the intention of depriving the player of eligibility for one or more of the Applicable Generally Recognized League Honors for such Season. If the player satisfies the burden and prevails in the proceeding, the sole remedy shall be that the player is deemed eligible for the Applicable Generally Recognized League Honors. For clarity, neither the foregoing sentence nor anything else in this Agreement shall limit or otherwise affect the right of the NBA to impose discipline on a Team for conduct prejudicial or detrimental to the best interests of the NBA in the event a player prevails in an Award Eligibility Grievance against such Team.
    2. Award Eligibility Grievances shall be heard by the System Arbitrator.
    3. Notwithstanding any of the other provisions of this Agreement, the procedures set forth in this Section 6(b) shall apply to the resolution of Award Eligibility Grievances. If in connection with such disputes, there is any conflict between the procedures set forth in this Section 6(b) and those set forth elsewhere in this Agreement, the procedures set forth in this Section shall control.
    4. A player may only bring an Award Eligibility Grievance in respect of a Season if being awarded one of the Applicable Generally Recognized League Honors in such Season could impact whether the player is or could become eligible:
      1. Pursuant to Article II, Section 7(a)(i), to enter into a Contract or Extension with a Maximum Annual Salary in the first year covered by the Contract or extended term, as applicable, in excess of twenty-five percent (25%) of the Salary Cap by virtue of satisfying the Higher Max Criteria;
      2. Pursuant to Article II, Section 7(a)(ii), to enter into a Designated Veteran Player Contract; or
      3. Pursuant to Article II, Section 7(e), to enter into a Designated Veteran Player Extension.
    5. An Award Eligibility Grievance must be brought by a player within two (2) days of the date on which it becomes mathematically impossible for the player to play sixty-five (65) Regular Season games in a Season; provided, however, that any such Grievance must be initiated no later than 11:59 p.m. eastern time on the day following the last day of the Regular Season.
    6. A player may initiate an Award Eligibility Grievance against a Team by serving a written notice thereof on the Team, with a copy of such written notice to be filed with the System Arbitrator, the Players Association, and the NBA. Such written notice shall be accompanied by a witness list, relevant documents, and other evidentiary materials on which the player intends to rely in his affirmative case. No later than 11:59 p.m. eastern on the date following the date on which the Team received written notice of the Award Eligibility Grievance, the Team shall provide to the player, the NBA, and the Players Association a witness list, relevant documents, and other evidentiary materials on which the Team intends to rely in its affirmative case. Absent a showing of good cause, no party may proffer, refer to, or rely on the testimony of any witness, document, or other evidentiary material in its affirmative case that has not been identified to the other side as required by this Section 6(b)(vi).
    7. The System Arbitrator shall convene a hearing at the earliest possible time, but in no event later than two (2) days following the System Arbitrator’s receipt of notice of the Award Eligibility Grievance. The hearing shall take place by videoconference and shall last no longer than one (1) day. The Players Association, the NBA, and the player and Team that are parties to the proceeding shall each have the right to participate in the hearing.
    8. The System Arbitrator shall render a decision not later than the day following the date of the hearing, and the decision shall be accompanied by a written opinion. Notwithstanding the foregoing, if the System Arbitrator determines that expedition so requires, he/she shall accompany the decision with a written summary of the grounds upon which the decision is based, and a full written opinion may follow within a reasonable time thereafter. The decision of the System Arbitrator shall constitute full, final, and complete disposition of the dispute and shall be binding upon the parties to this Agreement, and the player and Team that are parties to the proceeding, and there shall be no appeal to the Appeals Panel.
    9. Should circumstances warrant, each of the deadlines set forth in this Section 6(b) may be reasonably modified by agreement of the NBA and Players Association.
  3. Extraordinary Circumstances Challenge.
    1. To prevail in an Extraordinary Circumstances Challenge in respect of a Season, the player bears the burden of proving that:
      1. Due to extraordinary circumstances, it was impracticable for him to play in one (1) or more of the Regular Season game(s) that he missed during such Season;
      2. He would have satisfied the Award Eligibility Criterion set forth in Section 6(a)(1) above if he had played in every game that he missed due to the extraordinary circumstances (i.e., assuming that he would have played twenty (20) minutes in each such missed game); and
      3. As a result of the extraordinary circumstances, and taking into account the totality of the circumstances, including whether the player did not play in other Regular Season games in which he could have played during such Season, it would be unjust to exclude the player from eligibility for the Applicable Generally Recognized League Honors for such Season.
    2. If the player satisfies the burden and prevails in the proceeding, the sole remedy shall be that the player is deemed eligible for the Applicable Generally Recognized League Honors.
    3. Extraordinary Circumstances Challenges shall be heard by an independent expert jointly selected by the NBA and Players Association (the “Challenge Expert”).
    4. Notwithstanding any of the other provisions of this Agreement, the procedures set forth in this Section 6(c) shall apply to the resolution of Extraordinary Circumstances Challenges. If in connection with such disputes, there is any conflict between the procedures set forth in this Section 6(c) and those set forth elsewhere in this Agreement, the procedures set forth in this Section shall control.
    5. An Extraordinary Circumstances Challenge must be brought by a player in respect of a Season no earlier than 12:00 p.m. eastern time on the last day of the Regular Season and no later than 11:59 p.m. eastern time on the day following the last day of the Regular Season.
    6. A player may initiate an Extraordinary Circumstances Challenge by serving a written notice thereof on the NBA and his Team, with a copy of such written notice to be filed with the Challenge Expert and the Players Association. The NBA may provide notice thereof to any Team with which the player was under contract during the Season. The player’s written notice shall be accompanied by a witness list, relevant documents, and other evidentiary materials on which the player intends to rely in his affirmative case. No later than 11:59 p.m. eastern on the date following the date on which the Team received written notice of the Extraordinary Circumstances Challenge, the Team shall provide to the player, the NBA, and the Players Association a witness list, relevant documents, and other evidentiary materials (if any) on which the Team intends to rely in its affirmative case (if any). Absent a showing of good cause, neither the player nor the Team may proffer, refer to, or rely on the testimony of any witness, document, or other evidentiary material in its affirmative case that has not been identified as required by this Section 6(c)(vi).
    7. The Challenge Expert shall convene a hearing at the earliest possible time, but in no event later than two (2) days following the Expert’s receipt of notice of the Extraordinary Circumstances Challenge. The hearing shall take place by videoconference and shall last no longer than one (1) day. The player, the Players Association, the NBA, and any Team for which the player played during the Season shall have the right to participate in the hearing.
    8. The Challenge Expert shall render a decision not later than the day following the date of the hearing, and the decision shall be accompanied by a written opinion. Notwithstanding the foregoing, if the Challenge Expert determines that expedition so requires, he/she shall accompany the decision with a written summary of the grounds upon which the decision is based, and a full written opinion may follow within a reasonable time thereafter. The decision shall constitute full, final, and complete disposition of the matter.
    9. Should circumstances warrant, each of the deadlines set forth in this Section 6(c) may be reasonably modified by agreement of the NBA and Players Association.

29.7 Playing Rules and Officiating.

  1. Up to four (4) representatives of the Players Association, three (3) of whom shall be active or recently retired players selected by the Players Association, shall be permitted to attend the meetings of and have a vote on the NBA Competition Committee with respect to issues relating to the NBA playing rules and officiating.
  2. The Players Association may, on behalf of the players, submit to the Commissioner monthly reports as to the conduct of referees, including identifying individual referees by name. The NBA will consider, but is not required to act, on such reports.
  3. The NBA and Players Association shall meet on a quarterly basis to discuss the relationship and interactions between players and referees, including any discipline imposed by the NBA on referees for conduct on the playing court. Each party shall consider in good faith any recommendations made by the other party at such meetings regarding referee-player interactions.
  4. Upon a request from the Players Association, representatives of the NBA Basketball Operations and Referee Operations Departments shall meet annually with the Players Association and/or players to discuss issues relating to NBA playing rules and officiating. The NBA will request that representatives from the National Basketball Referees Association, including current referees, attend any such meeting.

29.8 Postseason.

  1. The number of Teams participating in the playoffs shall equal sixteen (16). Notwithstanding the foregoing, the NBA shall have the right to increase the number of Teams participating in the playoffs.
  2. Each round of the playoffs shall be played in a best-of-seven-games format.
  3. To determine which Teams qualify to participate as the seventh and eighth seeds in the playoffs for each Conference, each Season shall include six (6) Play-In Games, to be played after the conclusion of the Regular Season and prior to the first round of the playoffs. The determination of which Teams shall participate in any Play-In Games shall be made based on each Team’s Regular Season winning percentage.
  4. The Team with the seventh-highest winning percentage in each Conference shall play the Team with the eighth-highest winning percentage in its Conference in a Play-In Game (the “Seven-Eight Game”). The winner of the Seven-Eight Game in each Conference shall participate in the playoffs as the seventh seed in its Conference. The Team with the ninth-highest winning percentage in each Conference shall play the Team with the tenth-highest winning percentage in its Conference in a Play-In Game (the “Nine-Ten Game”). The winner of the Nine-Ten Game shall play the loser of the Seven-Eight Game in a Play-In Game, and the winner of that game shall participate in the playoffs as the eighth seed in its Conference.

29.9 Game Tickets.

  1. In the event that a Team provides complimentary tickets to its players, the Team may provide up to four (4) tickets per home game and up to two (2) tickets per road game. Teams may sell additional tickets to players, provided that such sales shall be no less than the season ticket holder prices for the applicable game. Seat locations for complimentary tickets provided by a Team under this Section 9 must be in the lower bowl of the arena and may not be on the floor (i.e., in front of the risers or permanent bowl seating or inside the dashers) or in a luxury suite (i.e., a private, enclosed area that is separate from the arena bowl, including, but not limited to, traditional enclosed suites, event level (bunker) suites, and party suites).
  2. In the event that a Team provides complimentary tickets to its players for road games, each player on the roster who travels with the Team shall be provided the same number of tickets (i.e., either zero (0), one (1), or two (2)).
  3. Teams are prohibited from providing tickets to players on other Teams, and players are only permitted to accept tickets from their own Team.
  4. Any player found to be re-selling complimentary or reduced-price tickets will be prohibited from subsequently receiving such tickets from his Team.
  5. In the event that a Team provides home-game tickets to its players, seat locations must be allocated to players based on seniority, with the most senior players (based on Years of Service) receiving the most favorable seat locations.
  6. NBA Teams shall provide four (4) tickets to authorized representatives of the Players Association to any home game at box office prices, provided notice of such request is given at least forty-eight (48) hours before the game.
  7. Each Team agrees to provide retired players with three (3) or more Years of Service with the opportunity to purchase two (2) tickets at box office prices to its NBA home games, and to hold such tickets for such players, provided tickets are available and the retired players provide the Team with forty-eight (48) hours advance notice of their desire for such tickets.

29.10 League Pass.

Any player who is under a Uniform Player Contract, with the exception of 10-Day Contracts or Two-Way Contracts, shall receive a free League Pass Broadband account in each Season of his Player Contract.

29.11 Release for Fighting.

Each NBA Team (hereinafter “such Team”) hereby releases and waives every claim it may have against any player employed by other NBA Teams for injuries sustained by any player in the employ of such Team which arise out of, or in connection with, any fighting or other form of violent and/or unsportsmanlike conduct during the course of any Exhibition, Regular Season, Play-In, or playoff game.

29.12 Limitation on Player Ownership.

  1. During the term of this Agreement, no NBA player may acquire or hold a direct or indirect interest in the ownership of any NBA Team or in any company or entity, whether privately or publicly owned, that owns any interest in any NBA Team; provided, however, that any player may have an ownership of publicly-traded securities constituting less than one percent (1%) of the ownership interests in a company or entity that directly or indirectly owns an NBA Team.
  2. Notwithstanding Section 12(a) above, and subject to Sections 12(c) and 12(d) below, during the term of this Agreement, the Players Association or an affiliate of the Players Association may invest on behalf of all NBA players in one or more private investment funds approved by the NBA to acquire passive, non-voting minority interests in one or more NBA Teams in accordance with all applicable NBA rules and regulations (each, a “Private Investment Fund”); provided, however, that any such investments shall be subject to the following conditions and limitations:
    1. Any such investment must be passive and non-voting and may not, at any time, exceed five percent (5%) of the aggregate committed capital of such Private Investment Fund;
    2. The Players Association shall be subject to the same general restrictions and rules as applicable to other investors in such Private Investment Fund (e.g., compliance with applicable “accredited investor” requirements and minimum investment thresholds);
    3. Notwithstanding subparagraph (ii) above, the Players Association shall be prohibited from holding or exercising any active participation rights or roles, and from receiving any enhanced information, with respect to a Private Investment Fund, including serving on limited partner or other advisory committees of a Private Investment Fund; and
    4. The Players Association shall be required to divest or reduce its ownership interest in a Private Investment Fund if any of the conditions set forth in subparagraphs (i)-(iii) above cease to be met.
  3. Any Players Association investment in one or more Private Investment Funds shall be subject to compliance with all applicable laws, including but not limited to securities laws and federal labor law. If, at any point, any Players Association investment or provision of this Section 12 does not comply with applicable laws, then the Players Association shall use best efforts to, and cause the Private Investment Fund to, modify the terms of such investment and/or the parties will negotiate in good faith to modify the terms of this Section 12, in each case, to the extent necessary to fully comply with law and, if such modifications are not or cannot be negotiated, then (i) the applicable Players Association investment shall be divested in full and (ii) the applicable terms of this Section 12 shall be rendered void and of no further force and effect.
  4. Immediately following the execution of this Agreement, the NBA and the Players Association shall form a joint advisory committee (the “Investment Committee”) to study and discuss in good faith any issues relating to (x) the Players Association’s or an affiliate of the Players Association’s investment in Private Investment Funds in accordance with Sections 12(b) and 12(c) above, as well as (y) a potential CBA modification pertaining to (i) investment in Private Investment Funds by individual players investing collectively through a pooled investment vehicle (a “Players Vehicle”), and/or (ii) investment by individual players in NBA affiliated businesses, in each case taking into account all appropriate legal, business, and other considerations. Prior to any such investment, the members of the Investment Committee, either jointly or independently through each respective party, shall obtain the advice of counsel to the satisfaction of both the NBA and the Players Association stating that such investment complies with applicable labor laws, including, without limitation, Section 302 of the Taft-Hartley Act of 1947 (Labor Management Relations Act of 1947). For clarity, (1) no investment contemplated under this Section 12(d) shall be permitted unless and until such time as the NBA and the Players Association confirm to their satisfaction that such investment would comply with all applicable laws, and (2) no investment by a Players Vehicle in a Private Investment Fund or investment by players in NBA affiliated businesses shall be permitted unless and until such time as the NBA and the Players Association agree upon any new structures and/or rules required for such investment.
    1. The Investment Committee shall consist of three (3) representatives appointed by the NBA and three (3) representatives appointed by the Players Association. At least one of the members appointed by each of the NBA and the Players Association must be knowledgeable of private investment funds and their structures. Unless otherwise mutually agreed by the parties, Investment Committee members may not have an ownership or other financial interest in any Private Investment Fund.
    2. The Investment Committee may jointly retain such experts as it deems necessary in order to conduct its work, which the parties expect to include investment and legal professionals. The costs of such experts will be borne equally by the NBA and the Players Association.

29.13 Player Ownership in Independent WNBA Teams.

  1. Subject to Section 13(b) below and also subject to WNBA approval in each case, and notwithstanding anything to the contrary in Article XIII, Section 2(c), an NBA player may invest in a WNBA Team in which no Team Owner (or family member of a Team Owner) has a direct or indirect beneficial ownership interest (each such team, an “Independent WNBA Team”) on substantially similar terms to other third-party investors, subject to the following conditions and limitations:
    1. An NBA player’s ownership interest in an Independent WNBA Team may not, at any time, exceed four percent (4%) of such Independent WNBA Team;
    2. NBA players may not in the aggregate hold more than an eight percent (8%) ownership interest in any Independent WNBA Team;
    3. An NBA player may hold an ownership interest in only one (1) Independent WNBA Team at any one time;
    4. Any NBA player investing in an Independent WNBA Team shall be subject to WNBA restrictions, rules, and penalties, as imposed and enforced by the WNBA, applicable to other WNBA team owners (e.g., relating to tampering, public comments on collectively bargained matters, and penalties for misconduct);
    5. Notwithstanding subparagraph (iv) above, an NBA player shall be prohibited from holding any governance rights or roles with respect to an Independent WNBA Team in which he holds an ownership interest or with respect to the WNBA, including participation on WNBA team or WNBA league governing bodies;
    6. NBA players’ receipt of information with respect to the Independent WNBA Team and the WNBA shall be limited to annual audited team financials and any required tax information;
    7. An NBA player may be required by the NBA to divest or reduce his ownership interest in an Independent WNBA Team if any of the conditions set forth in subparagraphs (i)-(vi) above cease to be met; and
    8. In the event an Independent WNBA Team in which an NBA player is invested proposes to sell a “controlling ownership interest” to a Team Owner (or family member of a Team Owner), any NBA player investor in such Independent WNBA Team will be required to dispose of its entire ownership interest in such Independent WNBA Team, including through the exercise of any tag-along or drag-along rights applicable to such ownership interest. For purposes of this Section 13, a “controlling ownership interest” means a majority of the voting or equity interests in, or contractual control of, the Independent WNBA Team. If the Independent WNBA Team’s existing governing agreements do not contain provisions with such rights, then such agreements shall be amended in connection with an NBA player’s investment to create customary tag-along or drag-along rights with respect to the player’s interests, and such amendment shall be a condition to such NBA player’s investment. For clarity, in the event an Independent WNBA Team in which an NBA player is invested proposes to sell less than a controlling ownership interest to a Team Owner (or a family member of a Team Owner), such proposed transaction will not be in compliance with Section 13(a)(1) above unless such NBA player disposes of his entire ownership interest in such Independent WNBA Team by selling to a person or entity that is not a Team Owner (or a family member of a Team Owner), prior to such proposed sale.
  2. NBA player investment in Independent WNBA Teams shall be subject to compliance with all applicable laws, including but not limited to securities laws and federal labor law. If, at any point, any player investment or provision of this Section 13 does not comply with applicable laws, then the player shall use best efforts to, and cause the Independent WNBA Team to, modify the terms of such investment and/or the parties will negotiate in good faith to modify the terms of this Section 13, in each case, to the extent necessary to fully comply with law and, if such modifications are not or cannot be negotiated, then (i) the applicable player investment shall be divested in full and (ii) the applicable terms of this Section 13 shall be rendered void and of no further force and effect.
  3. For purposes of this Section 13, a “player” shall include any person or entity controlled by, related to, or acting with authority on behalf of a player. For clarity, and notwithstanding anything to contrary in this Section 13, no agent or representative of a player may invest in a WNBA team.

29.14 Nondisclosure.

The parties agree that (a) the economic terms of any individual Uniform Player Contract entered into by a Team and a player, and (b) any information contained in, or disclosed to the Players Association in connection with an Audit Report, Draft Audit Report, Interim Audit Report, Interim Designated Share Audit Report, or BRI Report, shall not be disclosed to the media by (i) the NBA, its Teams, or their respective employees, or (ii) the Players Association, NBA players, or their respective employees, agents, or representatives.

29.15 Implementation of Agreement.

  1. The NBA and the Players Association will use their respective best efforts to have NBA Teams and NBA players comply with the terms and provisions of this Agreement.
  2. The NBA and the Players Association shall use their respective best efforts and take all reasonable steps to cooperate to defend the enforceability of this Agreement against any challenge thereto.

29.16 Additional Canadian Provisions.

  1. The bases upon which a player may be disciplined or discharged or a Player Contract terminated, as set forth in this Agreement and/or in the Uniform Player Contract, shall constitute just and reasonable cause within the meaning of any applicable Canadian law or statute (federal or provincial) and, to the extent this Agreement or the Uniform Player Contract provides specific penalties for such conduct, those penalties shall apply.
  2. During the term of this Agreement, the NBA and Players Association shall consult regularly about issues relating to the workplace which affect the parties or any player bound by this Agreement.
  3. If and to the extent Sections 48 and 49 of the Ontario Labour Relations Act are or may be found applicable to this Agreement, the parties agree that the provisions thereof shall apply only to disputes between the Toronto Raptors and players for the Toronto Raptors. Furthermore, the parties agree and acknowledge that any termination and severance benefits provided to players pursuant to this Agreement (including the provisions of Player Contracts that provide, in certain circumstances, for the continued payment of Salary to a player following the termination of a Player Contract) constitute and/or shall be deemed to constitute a greater right or benefit to the Player pursuant to Section 5(2) of the Employment Standards Act, 2000 (Ontario) and the provisions of Sections 54-66 of such Act do not apply.
  4. The parties acknowledge and agree that a player employed by an NBA Team pursuant to the provisions of a Uniform Player Contract, a 10-Day Contract, a Rest-of-Season Contract, or a Two-Way Contract is and/or shall be deemed to be an “employee hired on the basis that his employment is to terminate on the expiry of a definite term or the completion of a specific task” within the meaning of paragraph 1 of Section 2(1) of Ontario Regulation 288/01 under the Ontario Employment Standards Act, 2000, so as to render inapplicable to NBA players the provisions of Sections 54-62 of such Act.
  5. The parties acknowledge and agree that the severance benefits provided to players pursuant to this Agreement (including the provisions of Player Contracts that provide, in certain circumstances, for the continued payment of Salary to a player following the termination of a Player Contract) constitute and/or shall be deemed to constitute a settlement binding on the player within the meaning of Section 6 of the Ontario Employment Standards Act, 2000, and/or “an amount paid to an employee for loss of employment under a provision of an employment contract based upon length of employment, length of service or seniority” within the meaning of paragraph 2 of Section 65(8) of the Ontario Employment Standards Act, 2000, so as to render inapplicable to NBA players the provisions of Sections 63-66 of such Act.
  6. Upon the NBA’s request, the Players Association shall cooperate with the NBA in a reasonable manner in connection with any effort the NBA may make to seek an exemption from any Canadian (federal or provincial) law or regulation affecting the employment relationship that is inconsistent with the provisions of this Agreement or any other agreement between the Players Association and the NBA (or NBA Properties) or between any player and any NBA Team.
  7. All players employed by NBA Teams shall be paid in U.S. dollars, regardless of where such Teams are located.

29.17 Gate Reports.

The NBA shall provide the Players Association with reports regarding each Team’s gate receipts and paid attendance (including season ticket sale summaries) as of the date two (2) weeks prior to the date of each report. The reports shall be provided on or before the following dates in respect of each Season: December 31; February 28; April 30; and July 31; provided, however, that with respect to season ticket sale summaries, the NBA shall not provide a report on or before December 31 and shall instead provide a report on or before September 30.

29.18 League-Wide Public Service Campaigns.

The NBA will notify the Players Association of any league-wide public service campaign to be implemented by the NBA at least two (2) weeks before any player is requested to appear on behalf of such campaign.

29.19 Fines Imposed on Teams.

In the event that (a) a fine is imposed on a Team, Governor, or Team personnel (in each case, a “Team Fine”) by the NBA for violation of a league rule regarding (i) injury, illness, rest, or game status reporting, (ii) timing of free agency discussions, (iii) tampering, (iv) leaving the bench area during a game, or (v) team criticism of game officials, and (b) such Team Fine amount is collected by the NBA, then the NBA shall remit fifty percent (50%) of the amount collected to an NBPA-Selected Charitable Organization (as defined in Article VI, Section 6(a)), provided that the maximum amount that shall be remitted to an NBPA-Selected Charitable Organization in respect of any Team Fine shall be fifty percent (50%) of the amount of the maximum fine that may be imposed on a player for engaging in the conduct at issue, and provided further that, where there is no specified maximum fine for a player for the relevant conduct, the maximum amount that shall be remitted to the NBPA-Selected Charitable Organization in respect of such Team Fine shall be $50,000. The remittances made by the NBA pursuant to this Section 19 shall be made annually, ninety (90) days following the Accountants’ (as defined in Article VII, Section 10(a)) submission to the NBA and the Players Association of a final Audit Report or an Interim Designated Share Audit Report (as defined in Article VII, Section 10(a)) for the Salary Cap Year during which the fine amounts are collected by the NBA.

29.20 Quarterly FIBA Meetings.

The NBA and Players Association shall meet at least quarterly to discuss FIBA matters that relate to NBA players (e.g., players’ participation in international FIBA competitions during the off-season).

29.21 Pro Days.

  1. Prior to any NBA Draft, Teams shall be prohibited from attending any practice or workout involving one (1) or more players eligible for such Draft if such practice or workout is conducted, arranged, or organized by such player or any person or entity acting with authority on behalf of such player (each such practice or workout, a “pro day”). Notwithstanding the foregoing, Teams shall be permitted to attend a pro day that is conducted as a part of:
    1. the NBA Draft Combine (with such pro days to be scheduled by the NBA in coordination with the Players Association); or
    2. a series of pro days facilitated and scheduled by the Players Association (in coordination with the NBA). Each Salary Cap Year, there shall be no more than two (2) such series of Players Association-facilitated pro days, with one such series to take place in California and the other such series to take place in a city (or geographic vicinity thereof) located within the eastern time zone. Each such series shall take place over a period of no longer than two (2) days; provided, however, that in circumstances where conducting the workouts in a two-day period is impracticable, such workouts may, following discussion by the NBA and Players Association, be conducted over a three-day period.
  2. Pro days conducted in accordance with Sections 21(a)(i) and (ii) above shall, in each case, take place in a single athletic facility.