ARTICLE III:
PLAYER EXPENSES
INDEX
Section 1. Moving Expenses
Section 2. Meal Expense Allowance
Section
1. Moving Expenses.
(a) A Team’s obligation to reimburse a player
for “reasonable” expenses related to the
assignment of a Player Contract from one Team to another
(in accordance with paragraph 10 of a Uniform Player
Contract) shall extend to the reimbursement of the actual
expenses incurred by such player in moving to the home
territory of his new Team, provided that such expenses
result directly from the assignment and are ordinary
and reasonable, and provided further that, prior to
his actually incurring such expenses, the player consults
with the Team to which his Contract has been assigned
(furnishing a written estimate of such proposed expenses,
if requested by the Team), so as to afford such assignee-Team
an opportunity to make reasonably comparable alternative
arrangements for the move of the player. In the event
that the assignee-Team requests an estimate of such
proposed expenses, the player shall furnish such estimate
to the Team within a reasonable time following the notice
of the assignment of the Player Contract. Upon receipt
of such estimate from the player, the Team shall, within
ten (10) days, either agree to reimburse the player
for the expenses set forth in such estimate or make
alternative arrangements (at the Team’s expense)
for the move of the player.
(b) A player whose Contract is assigned from one Team
to another shall be reimbursed by the assignee-Team
for the cost of a hotel room in a hotel (comparable
to that in which such Team’s players are lodged
while “on the road”) in the assignee-Team’s
home city for up to forty-five (45) days following the
assignment.
(c) A player whose Contract is assigned from one Team
to another shall be reimbursed by the assignee-Team
for the cost of his living quarters (either rent or
mortgage expense) in the city from which he is assigned,
for a period of three months after the date of the assignment;
provided, however, that such payment shall be made only
if and to the extent that the player is legally obligated
for such costs, and shall not exceed $4,000 per month.
(d) Prior to reimbursing an assigned player as provided
in this Section, an assignee-Team may require satisfactory
proof that the player has paid the amounts for which
he seeks reimbursement, and, in the case of housing
costs reimbursements, satisfactory proof that the player
is legally obligated to pay such housing costs and the
amount thereof. Upon notice to the player, the assignee-Team
may, as an alternative to reimbursement, pay the expenses
incurred upon assignment (in accordance with the foregoing
provisions of this Section) directly to the persons,
firms, or corporations involved.
(e) So as to minimize the potential liability of NBA
Teams under this Section, a player who does not establish
permanent or year-round residence in the home city (or
geographic vicinity thereof) of the Team by which he
is employed shall use his best efforts (i) to obtain
a short-term lease on the living quarters he selects,
and (ii) to procure lease provisions authorizing him
to sublet such premises and/or granting such Team the
option to take over such lease in the event the Contract
of such player is assigned to another NBA Team.
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Section 2. Meal
Expense Allowance.
(a) The meal expense allowance, provided for in paragraph
4 of a Uniform Player Contract, shall be as follows:
(i) For the 2005-06 Season: $102 per day.
(ii) For each subsequent Season of this Agreement:
$102 plus a cost of living adjustment (which shall
be calculated by applying to $102 the percentage increase
in the national Consumer Price Index from the June
1 through the May 31 immediately preceding such Season,
and which shall be rounded off to the nearest whole
dollar) per day.
(b) When a Team is “on the road” for less
than a full day, a partial meal expense shall be paid
based upon the time of departure from or time of arrival
in the Team’s home city, in accordance with the
following:
(i) Departure after 9:00 a.m. or arrival before 7:00
a.m., no meal expense allowance for breakfast.
(ii) Departure after 1:00 p.m. or arrival before 11:30
a.m., no meal expense allowance for lunch.
(iii) Departure after 7:00 p.m. or arrival before
5:30 p.m., no meal expense allowance for dinner.
For purposes of this Section 2(b), the meal expense
allowance for breakfast shall be deemed to be 18%
of the applicable daily meal expense allowance (rounded
off to the nearest whole dollar); the meal expense
allowance for lunch shall be deemed to be 28% of the
applicable daily meal expense allowance (rounded off
to the nearest whole dollar); and the meal expense
allowance for dinner shall be deemed to be 54% of
the applicable daily meal expense allowance (rounded
off to the nearest whole dollar).
(c) For purposes of this Agreement and paragraph 4
of the Uniform Player Contract, the “home city”
of an NBA Team shall be deemed to include only the city
in which the facility regularly used by the Team for
home games is located and any other location at which
such home games are played, provided that such other
location(s) is not more than 75 miles from such city.
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