ARTICLE XXVIII:
BROADCAST OR TELECAST RIGHTS
INDEX
Section 1. League Rights
Section 2. No Suit
Section 3. Reservation of Rights
Section
1. League Rights.
During the term of this Agreement, the Players Association
agrees that the NBA, Properties, Media Ventures, and
NBA Teams have the right to use, distribute, or license
any performance by the players, under this Agreement
or the Uniform Player Contract, for any form of broadcast
or telecast, including over-the-air television, cable
television, pay television, direct broadcast satellite
television, and any form of cassette, cartridge, or
disk system, or other means of distribution known or
unknown.
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Section 2. No Suit.
The Players Association, for itself and present and
future NBA players, covenants not to sue (or finance
any suit against) the NBA, Properties, Media Ventures,
and any NBA Team, or, any of their respective past,
present and future owners (direct and indirect) acting
in their capacity as owners of any of the foregoing
entities, officers, directors, trustees, employees,
agents, attorneys, licensees, successors, heirs, administrators,
executors and assigns, with respect to the use, distribution,
or license, for any form of broadcast or telecast, including
over-the-air television, cable television, pay television,
or direct broadcast satellite television, and any form
of cassette, cartridge, or disk system, or other means
of distribution known or unknown, of any performances
by any player rendered under this Agreement or prior
collective bargaining agreements, or under Player Contracts
made pursuant thereto, during any period up to and including
the day following the last Playoff game of the 2010-11
NBA Season (or, if the NBA exercises its option to extend
this Agreement, up to and including the day following
the last Playoff game of the 2011-12 NBA Season).
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Section 3. Reservation
of Rights.
The Players Association expressly reserves its rights
to bargain collectively on the subject described in
Section 1 above at the expiration of this Agreement.
Such reservation shall not, however, preclude the NBA
from contending that the subject described in Section
1 above is not a mandatory subject of collective bargaining.
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