ARTICLE VII:
BASKETBALL RELATED INCOME, SALARY CAP, MINIMUM TEAM
SALARY, AND ESCROW ARRANGEMENT
INDEX
Section 1. Definitions
Section 2. Calculation
of Salary Cap and Minimum Team Salary
Section 3. Determination
of Salary
Section 4. Determination
of Team Salary
Section 5. Operation
of Salary Cap
Section 6. Exceptions
to the Salary Cap
Section 7. Extensions,
Renegotiations and Other Amendments
Section 8. Trade Rules
Section 9. Miscellaneous
Section 10. Accounting
Procedures
Section 11. Players
Association Audit Rights
Section 12. Escrow and
Tax Arrangement
Section
5. Operation of Salary Cap.
(a) Basic Rule.
A Team’s Team Salary may not exceed the Salary
Cap at any time unless the Team is using one of the
Exceptions set forth in Section 6 below.
(b) Room.
Subject to the other provisions of this Agreement, including
without limitation Article II, Section 7, any Team with
Room may enter into a Player Contract that calls for
a Salary in the first Salary Cap Year covered by such
Contract that would not exceed the Team’s then-current
Room.
(c) Annual Salary Increases and Decreases.
(1) The following rules apply to all Player Contracts
other than Contracts between Qualifying Veteran Free
Agents or Early Qualifying Veteran Free Agents and
their Prior Team:
(i) For each Salary Cap Year covered by a Player
Contract after the first Salary Cap Year, the player’s
Salary, excluding Incentive Compensation, may increase
or decrease in relation to the previous Salary Cap
Year’s Salary, excluding Incentive Compensation,
by no more than 8% of the Regular Salary for the
first Salary Cap Year covered by the Contract.
(ii) In the event that the first Salary Cap Year
covered by a Contract provides for Incentive Compensation,
the total amount of Likely Bonuses in each subsequent
Salary Cap Year covered by the Contract may increase
or decrease by up to 8% of the amount of Likely
Bonuses in the first Salary Cap Year, and the total
amount of Unlikely Bonuses in each subsequent Salary
Cap Year may increase or decrease by up to 8% of
the amount of Unlikely Bonuses in the first Salary
Cap Year.
(2) The following rules apply to all Players Contracts
between Qualifying Veteran Free Agents or Early Qualifying
Veteran Free Agents and their Prior Team (except any
such Contracts signed pursuant to Section 6(d)(3)
or Section 6(e)(2) below, which shall be governed
by Section 5(c)(1) above):
(i) For each Salary Cap Year covered by a Player
Contract after the first Salary Cap Year, the player’s
Salary, excluding Incentive Compensation, may increase
or decrease in relation to the previous Salary Cap
Year’s Salary, excluding Incentive Compensation,
by no more than 10.5% of the Regular Salary for
the first Salary Cap Year covered by the Contract.
(ii) In the event that the first Salary Cap Year
covered by a Contract provides for Incentive Compensation,
the total amount of Likely Bonuses in each subsequent
Salary Cap Year covered by the Contract may increase
or decrease by up to 10.5% of the amount of Likely
Bonuses in the first Salary Cap Year, and the total
amount of Unlikely Bonuses in each subsequent Salary
Cap Year may increase or decrease by up to 10.5%
of the amount of Unlikely Bonuses in the first Salary
Cap Year.
(3) The following rules apply to Extensions other
than Extensions of Rookie Scale Contracts:
(i) For each Salary Cap Year covered by an Extension
after the first Salary Cap Year covered by the extended
term, the player’s Salary, excluding Incentive
Compensation, may increase or decrease in relation
to the previous Salary Cap Year’s Salary,
excluding Incentive Compensation, by no more than
10.5% of the Regular Salary for the last Salary
Cap Year covered by the original term of the Contract.
(ii) In the event that the last Salary Cap Year
covered by the original term of the Contract provides
for Incentive Compensation, the amount of Likely
Bonuses and Unlikely Bonuses in each Salary Cap
Year covered by the Extension after the first Salary
Cap Year covered by the extended term may increase
or decrease by up to 10.5% of the amount of Likely
Bonuses and Unlikely Bonuses, respectively, in the
last Salary Cap Year covered by the original term.
(4) The following rules apply to Extensions of Rookie
Scale Contracts:
(i) For each Salary Cap Year covered by an Extension
of a Rookie Scale Contract after the first Salary
Cap Year covered by the extended term, the Player’s
Salary, excluding Incentive Compensation, may increase
or decrease in relation to the previous Salary Cap
Year’s Salary, excluding Incentive Compensation,
by no more than 10.5% of the Regular Salary for
the first Salary Cap Year covered by the extended
term of the Contract.
(ii) In the event that the first Salary Cap Year
covered by the extended term of the Contract provides
for Incentive Compensation, the amount of Likely
Bonuses and Unlikely Bonuses in each Salary Cap
Year covered by the Extension after the first Salary
Cap Year covered by the extended term may increase
or decrease by up to 10.5% of the amount of Likely
Bonuses and Unlikely Bonuses, respectively, in the
first Salary Cap Year covered by the extended term.
(5) For purposes of this Article VII, Section 5(c)
only, the amount of any bonuses that a player may
receive pursuant to Article II, Sections 3(b)(iv)
and 3(c) shall be added to the player’s Regular
Salary and excluded from his Incentive Compensation.
(d) Performance Bonuses.
(1) Notwithstanding any other provision of this Agreement,
no Player Contract may provide for Unlikely Bonuses
in any Salary Cap Year that exceed 25% of the player’s
Regular Salary for such Salary Cap Year.
(2) No Player Contract may provide for any Unlikely
Bonus for the first Salary Cap Year covered by the
Contract that, if included in the player’s Salary
for such Salary Cap Year, would result in the Team’s
Team Salary exceeding the Room under which it is signing
the Contract. For the sole purpose of determining
whether a Team has Room for a new Unlikely Bonus,
the Team’s Room shall be deemed reduced by all
Unlikely Bonuses in Contracts approved by the Commissioner
that may be paid to all of the Team’s players
that entered into Player Contracts (including Renegotiations)
during that Salary Cap Year.
(e) No Futures Contracts. Subject
to Section 5(e)(4) below, but notwithstanding any other
provision in this Agreement:
(1) Every Player Contract must cover at least the
then-current Season (or the upcoming Season in the
case of a Contract entered into from July 1 through
the day prior to the first day of the Season).
(2) No Team and player may enter into a Player Contract
from the commencement of the Team’s last game
of the Regular Season through the following June 30.
The preceding sentence shall not prohibit a Team and
player from entering into an amendment to an existing
Player Contract during such period if such amendment
would otherwise be permitted under this Agreement.
(3) A Player Contract that covers more than one (1)
Season must be for a consecutive period of Seasons.
(4)
(i) A player who receives a Required Tender or
a Qualifying Offer during the month of June may
accept such Required Tender or Qualifying Offer
beginning on the date he receives it.
(ii) From February 1 through May 31 of any Salary
Cap Year, a First Round Pick may enter into a Rookie
Scale Contract commencing with the following Season,
provided that as of or at any point following the
first day of the then-current Regular Season (or
the preceding Regular Season in the case of a Contract
signed from the day following the last day of the
Regular Season through May 31) the player was a
party to a player contract with a professional basketball
team not in the NBA covering such Regular Season.
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