Limited Amendments to UPC

The terms of the UPC cannot be amended other than as expressly permitted in the CBA.

The CBA and the UPC has 10 Exhibits that can be included in the Contract as agreed upon by the Team and Player.

UPC Exhibits

Exhibit 1 – Compensation

Exhibit 1 identifies the different Compensation and Payment Arrangements in the Contract:

1. Base Compensation;
2. Deferred Compensation;
3. Payment Schedule;
4. Signing Bonus;
5. Incentive Compensation;
6. Options and Early Termination Options (ETO’s);
7. Insurance Premium Reimbursements;
8. No-Trade Provisions.

Exhibit 1A – Minimum Salary Contract

Exhibit 1A will expressly state if the Contract is a Minimum Contract (i.e. for the applicable Minimum Salary with no bonuses of any kind, other than potentially a Trade Bonus or Exhibit 10 Bonus).

Exhibit 1B – Two-Way Contract

Exhibit 1B identifies if the Contract is a Two-Way Contract.

Exhibit 2 – Compensation Protection

Exhibit 2 identifies any Compensation Protection (i.e. guaranteed salary).

Exhibit 3 – Prior Injury Exclusion

Exhibit 3 identifies if there is an injury excluded from any Compensation Protection, called a Prior Injury Exclusion.

Exhibit 4 – Trade Payments

Exhibit 4 identifies any Trade Payments, which is oftentimes called a Trade Bonus or a Trade Kicker.

Exhibit 5 – Other Activities

Exhibit 5 overrides the standard prohibited activities provision in the UPC, allowing the Player to participate in expressly identified activities.

The most typical is the right to play in pickup basketball games (that term being loosely defined), which is called the For the Love of the Game clause.

Exhibit 6 – Physical Exam

1. Requires Player to pass a physical exam prior to the Contract taking effect.
2. The Player must report for a physical exam designated by the Team (no later than the 3rd business day after the Contract is executed).
3. The determination of whether the Player passes the physical exam is determined in the Team’s sole discretion in good faith.
4. Team must provide notice of failure 6 days after physical.

Exhibit 7 – Conditioning Provision

Exhibit 7 replaces the standard Paragraph 7(b) in the UPC with a paragraph more favorable for the Player:

1. UPC 7(b):
   • Allows the Team to suspend a Player without pay if he is out of shape not as a result of basketball.
2. Exhibit 7:
   • Suspensions can only be successive one-week periods;
   • Team must provide notice for each successive week;
   • After each week, Player can appeal to an independent physician.

Exhibit 8 – Sign/Extend & Trade

Exhibit 8 identifies the Contract as a Sign-and-Trade or Extend-and-Trade, conditioned on the Contract being traded to a new Team within 48 hours of its execution.

Exhibit 9 – Training Camp Contract

Exhibit 9 identifies the Contract as a Training Camp Contract with no need to pay Base Compensation to the Player unless still in effect at the start of the Regular Season.

Exhibit 10 – Conversion Contract

Exhibit 10 identifies the Contract as an Exhibit 10 Contract with the ability to convert the Standard Contract to a Two-Way Contract prior to the Start of the Regular Season.

Promotional Activity Amendment

The Team and Player can also agree to delete the following paragraph from the UPC, or otherwise delete only the underlined portion:

“The Player agrees that, during any year of this Contract, he will not make public appearances, participate in radio or television programs, permit his picture to be taken, write or sponsor newspaper or magazine articles, or sponsor commercial products without the written consent of the Team, which shall not be withheld except in the reasonable interests of the Team or the NBA. The foregoing shall be interpreted in accordance with the decision in Portland Trail Blazers v. Darnell Valentine and Jim Paxson, Decision 86-2 (August 13, 1986).“