ARTICLE XV: CERTIFICATIONS
INDEX
Section 1. Contract Certification
Section 2. End of Season Certification
Section 3. False Certification
Section
1. Contract Certification.
(a) Every Player Contract (other than a 10-Day Contract),
or any Renegotiation, Extension or other amendment of
a Player Contract, entered into during the term of this
Agreement shall be accompanied by a certification, sworn
to separately by (i) the person who executed the Player
Contract on behalf of the Team, (ii) the player, and
(iii) any player agent who negotiated the Contract on
behalf of the player, under penalties of perjury, that
the Player Contract, Renegotiation, Extension, or amendment
sets forth all components of a player’s Compensation
from the Team or any Team Affiliate, and that there
are no agreements or transactions of any kind (whether
disclosed or undisclosed to the NBA), express or implied,
oral or written, or promises, undertakings, representations,
commitments, inducements, assurances of intent, or understandings
of any kind (whether disclosed or undisclosed to the
NBA):
(i) concerning any future Renegotiation, Extension,
or amendment of an existing Player Contract, or entry
into a new Player Contract; or
(ii) except as permitted by this Agreement or contained
in such Uniform Player Contract, involving compensation
or consideration of any kind to be paid, furnished
or made available to the player, or any person or
entity controlled by, related to, or acting with authority
on behalf of the player; or
(iii) involving an investment or business opportunity
to be furnished or made available to the player, or
any person or entity controlled by, related to, or
acting with authority on behalf of the player.
(b) Prior to the assignment of any Player Contract
of a player who is in the last Salary Cap Year of the
Contract (or the last Salary Cap Year before the player
has the right to terminate the Contract), the player,
the player’s agent, and the Team to which such
Contract is to be assigned shall each submit to the
NBA a certification, sworn to under penalties of perjury,
that other than the Player Contract that has been assigned,
or as permitted by this Agreement, there are no agreements
or transactions of any kind (whether disclosed or undisclosed
to the NBA), express or implied, oral or written, or
promises, undertakings, representations, commitments,
inducements, assurances of intent, or understandings
of any kind (whether disclosed or undisclosed to the
NBA), between the player (or the player’s agent
or any person or entity controlled by or related to
the player) and the Team to which the Player Contract
is to be assigned or a Team Affiliate of the Team to
which the Player Contract is to be assigned (i) concerning
any future Renegotiation, Extension, or amendment of
the Player Contract that has been assigned, or (ii)
involving compensation or consideration of any kind
(including an investment or business opportunity) to
be paid, furnished or made available to the player,
or any person or entity controlled by, related to, or
acting with authority on behalf of the player.
(c) If a player, within two (2) years after the assignment
of such player’s Player Contract, enters into
a new Player Contract, or any Renegotiation, Extension,
or other amendment of the Player Contract that had been
assigned, the Team, the player, and the player’s
agent shall each submit to the NBA a certification,
sworn to under penalties of perjury, that, at the time
of the assignment, other than the Player Contract that
has been assigned, or as permitted by this Agreement,
there were no agreements or transactions of any kind
(whether disclosed or undisclosed to the NBA), express
or implied, oral or written, or promises, undertakings,
representations, commitments, inducements, assurances
of intent, or understandings of any kind, (whether disclosed
or undisclosed to the NBA), between the player (or the
player’s agent or any person or entity controlled
by or related to the player) and the Team to which the
Player Contract has been assigned or a Team Affiliate
of the Team to which the Player Contract has been assigned
(i) concerning any future Renegotiation, Extension,
or amendment of the Player Contract that has been assigned,
or (ii) involving compensation or consideration of any
kind (including an investment or business opportunity)
to be paid, furnished or made available to the player,
or any person or entity controlled by, related to, or
acting with authority on behalf of the player.
(d) If an agent, player, or Team fails or refuses to
provide a certification called for under this Article
XV, the NBA shall have the option, in its sole discretion,
to approve or disapprove the transaction in question.
In the case of a failure or refusal by an agent, and
whether the transaction in question is approved or disapproved,
the Players Association shall take appropriate disciplinary
action against the agent.
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Section 2. End of
Season Certification.
(a) At the conclusion of each NBA Season, a Governor
(or Alternate Governor) and the executive primarily
responsible for basketball operations on behalf of the
Team shall each submit to the NBA a certification, sworn
to under penalties of perjury, that the Team has not,
to the extent of their knowledge after reasonable inquiry,
violated the terms of Article XIV, Section 1, nor received
from the NBA League Office any communication disclosing
that an NBA Team has negotiated with any Free Agent
prior to the execution of a Player Contract with that
player. Upon receipt of each such certification, the
NBA shall forward a copy of the certification to the
Players Association.
(b) A violation of this Section 2 may be deemed evidence
of a violation of Article XIV, Section 1.
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Section 3. False
Certification.
Any criminal complaint of perjury filed by the NBA or
any Team based upon a certification required pursuant
to Section 1 above shall be against the player, the
player’s agent, and the Team official making such
certification.
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