:: ABP :: Asociación de baloncestistas profesionales

Contents

1.1 This agreement, as the fruit of the negotiations carried out in order to obtain an agreement, is the expression of the agreement freely convened by the undersigned organisations - Asociación de Clubes de Baloncesto (ACB) (Association of Basketball Clubs) and Asociación de Baloncestistas Profesionales (ABP) (Association of Professional Basketball Players – by virtue of their collective autonomy. Consequently, its obligatory and regulating contents shall be mandatory within the functional and time limits agreed.

More specifically, it is hereby expressly stated that those agreements, both individual and collective, - or the unilateral decisions taken by the parties or their representatives - which involve any limitations or waiving the rights governed by this Agreement, or involve any type of exclusion of its contents, even as the fruit of transactions, shall have no juridical power.

1.2 While this Agreement is in force, the content herein shall not be altered by the parties nor shall it be affected by provisions belonging to agreements from other fields, unless otherwise expressly agreed, and

1.3 ABP, on its own behalf and on behalf of its members, expressly waives - during the validity of this Agreement - the right to go on strike with the intention to obtain the modification of the terms agreed upon.

This waiver does not include the exercise of the actions that ABP shall deem appropriate as long as ACB permits the simultaneous registration in a professional competition of more than two players who are not illegible by a club or Sports Limited Liability Company (SAD).

Article 2. Entirety.

2.1 This Agreement constitutes an organic, sole and indivisible unit, based on the balance of rights and obligations mutually undertaken by the parties and as such – for the purposes of its practical application - shall always be considered in a global sense and as a entirety, thus no interpretation intended to individually consider the provisions agreed shall be admitted, and

2.2 Whenever the Social Law agrees that any clause of the Agreement should be suppressed or modified, this Agreement shall provisionally have no effect between the parties - in any case the rights that may have been acquired in the meantime by the parties or by any other third party in good faith shall remain unaffected-, and the global contents of the agreement shall be renegotiated by its Paritary Committee within ten days.

In the meantime, the contents of the first Collective Agreement for this sector shall be in force between the parties again.

Article 3. Supplementary regulations.

For all those issues not expressly regulated in this Agreement, the following sources shall apply, provided that they do not contradict the agreement and they are not irreconcilable with the special nature of the professional sportspeople’s labour relations:

3.1 Rules issued by the Paritary committee as provided for in article 6 below.

3.2 Agreements signed by players with clubs or SAD, and

3.3 in addition, other applicable legal rules.

CHAPTER II

Areas of application

Article 4. Functional area.

This Agreement governs several aspects of the professional Spanish basketball players’ service rendering to the clubs or SAD, which are members of ACB, as well as the binding rights and obligations between the undersigned associations.

Article 5. Time area.

5.1 This Agreement shall be fully in force during the term between the 8th July 1993 and the 30th June 1997, inclusive, unless otherwise provided for a specific case.

5.2 Notwithstanding the provisions of the previous paragraph, the Agreement shall be automatically and tacitly extended year after year, as long as there is no formal complaint against it, which shall be reliably notified in writing to the other party and to the proper labour authority, at least three months before the date of expiry of the effects involved, and

5.3 The following cases shall not be included in the aforementioned automatic extension – and even in the simple extended term of effect after the complaint – unless otherwise expressly agreed:

5.3.1 The limitation of the offer provided for in paragraph 13.2 below.

5.3.2 The indemnity described in paragraph 16.1.2, and

5.3.3 The contribution to the Assistance Fund (article 26) by the clubs or SAD, which shall be reduced to 50% of the amount for the 1995/1996 season.

CHAPTER III

Paritary committee

Article 6. Faculties.

A Paritary committee shall be constituted within a month as from the date of this Agreement. Such committee shall have the specific functions below:

6.1 The authentic interpretation of its rules, by means of the voluntary submission of ACB and ABP.

6.2 The implementation according to the rules, when applicable, of the agreements reached during the negotiation.

6.3 To oversee the compliance with the agreements taken.

6.4 The arbitration, by means of the voluntary submission, in the collective juridical conflicts that may appear in connection with the agreements reached within this Agreement.

6.5 To analyse the progress of the relationship between the undersigning organisations and between the groups they represent, and

6.6 Any other faculties set forth in the Agreement or assigned to it by the parties.

Article 7. Composition.

This committee shall be made up of up to two representatives of ACB and the same number of representatives of ABP and both representations may be accompanied by advisers, who shall be able to speak but shall not have voting rights.

Article 8. Operation.

8.1 The specific internal operation rules shall be those assigned by the committee; the committee shall meet – within three working days as from the date of the notice – whenever requested by any of its integrating representations, and

8.2 The Committee shall settle the issues brought up within the same period of time, as from the day after the meeting.

CHAPTER IV

Contract System

Article 9. Employment contract.

9.1 The clubs or SAD and the players registered in the professional basketball competitions organised by ACB must sign a written agreement, which shall include at least the provisions set forth in the model agreement attached hereto as schedule 1.

9.2 The agreement shall always have a set term; the parties may decide to subject to a trial period, which in any case shall never be longer than three months, and

9.3 When the agreement expires, it may be extended as decided by the parties or subject to the provisions set forth in article 13.

Article 10. Computable age.

10.1 For the purposes of this Agreement, a player's computable age shall be the player's age on the 1^st July every year and all the rights and obligations relative to a specific age shall be subject to such age until the beginning of the contract period of the following season, and

10.2 In spite of the above, the players that belong to the first year senior class according to the federative ages and are not eighteen years old, shall be ranked equally with the players of this age for the purposes of the provisions of the Agreement.

Article 11. Nature of wages and salaries.

The amounts paid to players by clubs or SAD, either because of the professional rendering of services or, where appropriate, because of the express assignment of the exploitation of their image rights, shall be legally considered for all purposes as a salary, with the exception of the concepts excluded according to the prevailing laws.

Article 12. Minimum annual remuneration.

12.1 Each and every player shall have the right to receive from his club or SAD a minimum annual remuneration determined according to his computable age as indicated in the table below:

Computable age Minimum annual remuneration

18 and 19 years of age 21.000€

20 and 21 years of age 30.000€

22 and 23 years of age 36.000€

24 and 25 years of age 42.000€

26 or older 48.000€

12.2 Without prejudice to the provisions of the previous paragraph above, a player who is twenty-two years of age or older may agree with his club or SAD upon a minimum annual remuneration that is lower than the appropriate remuneration according to his age, provided that it is not lower than the amount set for the age of 20-21; in such a case the player shall be entitled to terminate the agreement unilaterally and the indemnities set forth in article 16 below shall not be applicable if a higher offer were made by another club or SAD, member of ACB, within fifteen working days as from the signature of the aforementioned agreement.

Article 13. Extension of the agreement.

13.1 The club or SAD may extend the players' agreement, exercising the right of pre-emption that may exercise against any offer received from another club or SAD, although this requires that the former has previously made the player a qualified offer, which shall include, for the first agreement signed, at least an annual remuneration equivalent to 55 per 100 of the last wages received, and 65 per 100 of such parameter from the second agreement.

For such purposes, the concept of first agreement shall include all the extensions that have been applied to agreements that expired in the 1992/1993 season.

Up to the age of twenty years of age inclusive, any offer received by a player from any other ACB club or SAD different from the one he is working for at the time shall not exceed the amounts stated below:

Computable age Maximum offer from third parties

18 years of age 18.000€

19 years of age 42.000€

20 years of age 72.000€

13.2 If a club or SAD considers that the nature of an offer made to its players by a third party is suspicious, such club or SAD shall be entitled to report the fact to ACB for the latter to exercise the control and protection powers granted to them by the law 10/1990, of 15th October, on Sport.

In case of an offer that formally complies with the Agreement, the complaint shall not follow the same procedure. However, in case of proved fraud, ACB shall exercise the disciplinary faculty against the offering club or SAD.

13.3 The registration of players for the competition shall be performed in keeping with the contract rules set forth in the Agreement. If during a player’s registration procedure, or when it is finished, a breach of any of these rules is observed or the case of the paragraph above becomes true, ACB may agree to suspend or cancel such registration for the remaining period of the season, the player being granted a previous audience procedure for seven calendar days, optionally extendable for a justified cause. If the defect detected is liable to being remedied, a period of ten calendar days shall be granted for its application, and

13.5 The breaches below shall have no remedy:

13.5.1 To make contract offers, or sign offer documents outside the periods set forth in the Agreement.

13.5.2 To sign an offer document stating a higher salary or more contract years than actually intended, or to modify in the agreement the terms that appeared in the offer, unless such modification is the fruit of an agreement renewal. This exception shall not be considered whenever it is proved that there is the intention to breach the Agreement contract system.

13.5.3 To sign an agreement without having previously submitted an offer, except for the cases where the effectiveness of the former is subject to the fulfilment of the contract rules and except in the cases where the player is excluded from this procedure, and

13.5.4 To sign an agreement with another club or SAD before the beginning of the respective contract period.

Article 14. Procedure to exercise the right of pre-emption.

14.1 After the end of the last official competition match, the clubs or SAD shall have up to eight calendar days to inform ACB of the contract status of their players for the following season. Within three calendar days from the end of this period, ACB shall inform the clubs or SAD and ABP of the list of players who have no agreement in force, expressly mentioning, when applicable, those who have received the notification provided for in paragraph 15.2.

14.2. Immediately after this, a period of eight calendar days shall initiate for the clubs or SAD to certify before ACB the qualified offers made to its players subject to the provisions set forth in paragraph 13.1.

14.3 After this period, the clubs or SAD shall have twenty-one calendar days to submit offer documents concerning the players subject to the right of pre-emption of their original clubs or SAD. Such documents shall be signed by the player and by the legal representative of the offering club or SAD, and shall include:

14.3.1 The duration of the agreement, and

14.3.2 The gross annual remuneration per season, including all the fixed concepts and the value of the remunerations in kind, where applicable.

14.4 The offering clubs or SAD shall submit the offering document to ACB, who shall send it to the original club or SAD on the following calendar day, so that within an unextendable period of ten calendar days the latter may exercise its right of extension and, therefore, contract the player, which shall involve the agreement of the original club or SAD to match the terms that appear in the document received from the third party.

The wording of the new agreement shall respect the clauses agreed upon in the former agreement, including the terms of the pre-emption offer and the required modifications, when applicable, to adapt it to the provisions of the Agreement, as well as those mutually agreed upon by the parties.

Offers may also be submitted by players through ABP, although all the periods of time shall be calculated as from the moment they are submitted to ACB.

Every player may sign one offer document only.

14.5 If the original club or SAD does not exercise the right of extension subject to the terms set forth in the previous paragraph above, the player may sign an agreement with the offering club or SAD, which shall be submitted to ACB, within twenty calendar days, otherwise it shall not be registered in the competition, and

14.6 A player's refusal to extend his agreement with the original club or SAD that has exercised its right of pre-emption shall entitle the latter to keep the rights that, subject to the Agreement, it shall hold upon him at the time of the refusal.

Article 15. Reservation of the right of registration.

15.1 Up to the age of twenty-one inclusive, those players who have not been registered by the club or SAD with which they have a licence as junior players may sign a contract with another club or SAD, although the original club or SAD shall hold the right to register them for the following season.

15.2 If the club or SAD decides to exercise this right, it shall inform the players and the other club or SAD, through ACB, by the 31st March of the year involved. After such period, if the club or SAD fails to do so, the players may sign a new annual agreement, or extend the previous one, without prejudice to the right of the original club or SAD to register them in the season after the end of such agreement or extension.

If the club or SAD does not take part in the ACB competitions, a notification shall likewise be sent to the Spanish Basketball Federation (FEB).

15.3 When the club or SAD makes the notification provided for in paragraph 15.2 above, it shall inform the player and the ACB of its decision on the rights granted to it by the Agreement, within the first eleven calendar days included in the period set forth in paragraph 14.3 above. After such period and the club or SAD failing to do so or having waived these rights, the latter shall belong to the club or SAD that contracted the player the last season, which club or SAD shall submit a qualified offer within the four following calendar days. The periods of time set forth in article 14 shall be applied as from the end of this four-day period.

The above shall be construed without prejudice to the right of the original club or SAD to register the player for the following seasons, within the age limits and subject to the procedure set forth in this article.

15.4 When the procedure set forth in the two paragraphs above are used by the club or SAD for two seasons without closing any agreements with the player during these seasons, for the following seasons it shall be understood that:

15.4.1 The notice described in paragraph 15.2 shall involve the obligation to pay the player an annual remuneration equivalent to twice the minimum amount as per the Agreement according to his age, without prejudice to the fact that if the club or SAD contracts the player, it shall comply with the procedure set forth, and

15.4.2 If the club or SAD that has contracted a player the season before does not intend to exercise the rights granted by the Agreement, the player shall be free of the right of pre-emption exclusively at the end of the first contract he signs with another club or SAD, and

15.5 If a club or SAD has made the notice described in paragraph 15.2, the pre-emption offers for players from other clubs or SAD shall be submitted the first calendar day included in the twenty-one day period described in paragraph 14.3. If the number of such offers submitted is smaller than the number of players to whom the aforesaid notice is sent, it shall renounce to the exceeding number of players or otherwise make them the qualified offer described in paragraph 13.1 above and inform ACB, on the same day, of the name of players it intends to contract the following season, and the names of those it abandons, who from that very moment, shall be subject to the provisions of paragraph 15.3 or, when applicable, 15.4.

15.6 Failure to do so shall be construed as renouncing to all of them.

Article 16. Indemnities for waiver of rights.

16.1 Those clubs or SAD that renounce to exercise the rights of extension and pre-emption granted to them by the Agreement shall be entitled to receive an indemnity from the club or SAD that contracts the player. The amount of such indemnity shall be as follows:

16.1.1 Up to twenty years of age inclusive, 75 per 100 of the average agreed remuneration for the seasons of application of the new agreement, and

16.1.2 From twenty-one years of age up to twenty-five inclusive:

Up to 10,000,000 pesetas, 15 per 100.

From 10,000,000 pesetas up to 25,000,000 pesetas, 30 per 100, and

More than 25,000,000 pesetas, 50 per 100.

16.2 Those clubs or SAD that exercise the right set forth in article 15 shall receive the indemnity only when their waiver of the rights on a player is definitive.

16.3 Players shall not be entitled to any amount from the indemnities provided for in this article, and

16.4 The aforesaid indemnities shall be paid from the account that every club or SAD has in ACB and for as many years as seasons agreed upon in the new agreement, unless the club or SAD involved ceases to belong to ACB. In such a case, the outstanding debt shall be paid off at that moment.

Article 17. Continuation of rights.

17.1 Clubs or SAD may exercise and maintain indefinitely the rights they have on their players subject to the age of the latter at the time, even if they take part in competitions not organised by ACB.

17.2 In the event of a player taking part in foreign competitions or not taking part in any competition at all, the rights that the club or SAD shall maintain regarding him shall be those applicable to the age of the player when he goes back to ACB.

17.3 The rights this Agreement provides the ACB member clubs or SAD with shall be respected by all the players, who shall never sign an agreement or licence with a first division club unless subject to the contract system provided for in the Agreement. The indemnities thereof shall be paid by the contracting club or SAD when the player is registered in the ACB league again, when applicable by age.

For such purposes ACB, in compliance with its public administrative functions, shall send FEB the appropriate notices, and

17.4 As an exception to the provisions of this article, clubs or SAD shall lose their rights on the players in the event of: cancellation of the agreement by their unilateral decision, judicial annulment of the agreement for causes attributable to them or when they revoke the registration for a competition, unless for a justified revocation, (in case of injury, federative suspending measure or disciplinary measure by the club or SAD).

Article 18. Changing club or SAD.

Once the ACB official competitions have started, a player may change club or SAD in the cases given below, provided that it is done by the 31st January every year:

18.1 When the agreement expires, provided that such agreement has been in force for a period of time no longer than four months and the provisions of articles 13 and 14 are observed, with the exceptions given below:

18.1.1 The periods of time described in articles 14.1 and 14.2 shall be reduced to a common period for all the proceedings of five calendar days, and

18.1.2 The percentages regarding the last remuneration as described in paragraph 13.1 shall be construed as referring to the proportional part of the last agreement.

18.2 Because of a mutually agreed cancellation of the agreement current at the time.

18.3 Because of the transfer of the contract rights on the player, provided that the latter has previously given his consent.

18.4 In case of dismissal

18.5 Because of a judicial annulment of the agreement for a cause attributable to the club or SAD.

In any case, no player may be registered beyond the period of time set forth for such purposes by the competition rules.

Article 19. Notices to ABP.

Generally speaking, all the notices addressed to ACB for the purposes of the provisions of this chapter shall be communicated to ABP by the latter, within twenty-four hours as from the moment they are received.

CHAPTER V

Guarantee Special Fund

Article 20. Provision.

20.1 ACB shall guarantee, at least in part, the payment of the wage debts that its member clubs or SAD may have with their players by means of the Guarantee Special Fund regulated by this chapter, and

20.2 For this purpose ACB shall allocate to such Fund the amount of one hundred and fifty million pesetas per season.

Article 21. Holders of this right.

All those players who have or have had a contract relationship with the ACB member clubs or SAD, whose salary credit unpaid by the agreement Paritary committee or, failing that, the competent jurisdiction, has been acknowledged by the Paritary committee or by the competent jurisdiction, shall be entitled to receive benefits from this Fund.

Article 22. Benefit limitations.

22.1 The fund shall initially guarantee the amount of the unpaid credits up to 50 per 100 of the annual remuneration of the applicant, up to ten million pesetas per season and player and thirty million pesetas per season and club or SAD, without prejudice to the fact that the player may claim the remaining balance judicially, and

22.2 If on the 30^th June of every year there exists a remainder in this Fund, such amount shall be allocated to proportionately complement, when applicable, the guarantee paid to the applicants to cover those sums not met, up to fifteen million pesetas per season and player and forty-five million pesetas per season and club or SAD.

Article 23. Procedure.

23.1 Players shall apply for benefits from this Fund by means of a written application addressed to the Paritary committee of this Agreement and submitted through ABP.

23.2 Applications may be submitted within six months as from the date of the failure to pay.

For the purposes of these calculations, the month of August shall be considered as a non-working month.

23.3 After examining the application, the Committee, shall, within three months, determine the existence of the credit, shall set the amount the player is entitled to receive and shall inform the parties interested through their associations.

Notwithstanding the above, if, after fifteen calendar days as from the day after the application is submitted, the Committee has not decided, the player may go to the competent Jurisdiction without suspending the initiated procedure.

23.4 Once the decision is notified, the Fund shall pay the set amount within a month, provided that it has enough ready money. Otherwise the credit shall be given preference before other future collections when liquidity is regained, and

23.5 If the complaint is lodged within the last three months of the official season, the periods of time set above shall be reduced to half its length.

Article 24. Refunding.

24.1 The club or SAD whose players have had to apply for the benefit from the Fund shall have to refund the amount paid in advance by the latter, plus the legal interest for late payment, before the team's registration date for the following official competition, and

24.2 In case of failure to comply with the provisions of paragraph 24.1 above, the club or SAD involved shall lose its right to take part in the official competitions, without prejudice to the complaints, both judicial and extra-judicial, lodged against it by ACB to have the debt refunded.

CHAPTER VI

Social improvements

Article 25. Life insurance.

From the 1st September 1993, clubs or SAD shall sign an insurance policy covering the risk of accidental death of its players with a gross indemnity of 72.000€ for the beneficiaries appointed by the latter.

Article 26. Assistance fund.

26.1 Every ACB club or SAD shall – through the former – bring in a set amount of pesetas to ABP per registered player and season within the agreed duration of this Agreement; such amount shall be paid on the 31^st December every year, for such Association to allocate this amount for an Assistance Fund for the players.

26.2 The aforementioned amounts shall comply with the table below:

Season Amount

1993-1994 315€

1994-1995 330€

1995-1996 345€

1996-1997 360€

26.3 Subject to the corresponding application, ACB shall be entitled to know the specific allocation of the contributions involved, as well as to be informed of the profits, evolution and circumstances of the Fund, Plan or similar investment constituted with it.

Article 27. Welfare fund. Collective Image Rights.

27.1 Every ACB club or SAD shall – through the former – bring in a set amount of pesetas to ABP per every season within the agreed duration of this Agreement; such amount shall be paid in two instalments every year – on the 31st December and 30th June -, for such Association to allocate this amount for the fulfilment of its social purposes. As an exception, in the 1993/1994 season the first payment shall be effected on the 15th October 1993.

27.2 The aforementioned amounts shall comply with the table below:

Season Amount

1993-1994 10.217€

1994-1995 11.419€

1995-1996 13.222€

1996-1997 14.424€

27.3 These contributions are the economic compensation agreed for the modification of the system of distribution of profits produced by the exploitation of the image rights («merchandising»), referred to in article 9 of the first Collective Agreement and now in schedule 3 attached hereto.

27.4 If the number of ACB member clubs or SAD is modified in such a way as to be fewer than twenty-two, a new distribution shall be made so that the total amount ABP receives does not become smaller, and

27.5 ACB undertakes to pay, within the agreed terms, the amounts agreed in paragraph 27.2.

CHAPTER VII

Sundries

Article 28. Competition regulation.

28.1 The modifications of the competition rules proposed by ACB shall be reported to ABP, for a period of thirty calendar days, before being submitted to the competent bodies for approval, when applicable, and

28.2 Unless otherwise expressly agreed upon with the players, clubs or SAD they shall not play more than seventy-five matches per season, not including in this calculation the matches played in the club's international competitions.

Article 29. Christmas break.

29.1 Neither ACB nor clubs or SAD shall schedule any competitions on the 24th and 25th December - not even training sessions nor journeys nor any other labour activity -, and

29.2 On the 1st and 6th January ACB shall try to do the same, provided that the competition schedule makes it possible - to its sole discretion.

Article 30. Weekly break.

30.1 Players shall have a minimum weekly break of an uninterrupted day and a half, which shall be set according to the mutual agreement with the club or SAD, and

30.2 Whenever such break is altered by a competition, the remaining part shall be transferred to any other day of the week, again subject to agreement with the club or SAD.

Article 31. Holidays.

31.1 Players shall have forty-five calendar days of holidays per annum with remuneration, which can be split in up to three periods, of which one shall be at least thirty consecutive calendar days, preferably between June and July.

31.2 The calculation of these forty-five days shall include those days when the player is in the national team, provided that the call is longer than the five-week period for preparation provided for in the Coordination Agreement signed by ACB with FEB, and

31.3 If FIBA's calendars are modified in such a way as to modify ACB's competition calendars, the parties undertake herewith to immediately start the renegotiation of this point in the Paritary committee of the Agreement, even though the provisions of paragraph 31.1 shall be in force until a new agreement is reached.

Article 32. «All Stars» and League presentation acts.

32.1 It is expressly compulsory for players to participate in the «All Stars» contests and matches where only ACB players take part and in league presentation acts, whenever they are called.

32.2 The only exception to the provision in paragraph 32.1 above shall be in case of injury – which shall be confirmed by the club's or SAD's medical services and those of ACB – and only when the journey required could harm the player's recovery.

Otherwise players shall attend the act involved, even if they cannot take a sports part in it, and

32.3 A player's unjustified absence from such acts shall give rise to the applicable disciplinary measures.

Article 33. Disciplinary system.

This shall be governed by the General Regulations attached hereto as schedule 4.

ADDITIONAL PROVISIONS

One. Calculation of perceptions.

For the exclusive purposes of the calculation of that set forth in chapter four (Contract systems) – on annual remuneration, extensions, pre-emption, indemnities, etc.-, as well as in chapter five (Guarantee Special Fund) and in schedule 4 (Disciplinary System General Regulations) – on economic sanctions -, the amounts paid by clubs or SAD shall be calculated both coming from the employment contract and from the collateral contracts of assignment of exploitation of the player’s image rights – signed both with the latter and with any company that may be an assignee of the aforesaid image rights -, including the whole amount of the perceptions.

Two. Revision of economic amounts.

2.1 All the sums stated in pesetas in this Agreement – except for those provided for in chapter five (Guarantee Special Fund), in articles 28 (assistance fund) and 27 (welfare fund) and in schedule 4 (Disciplinary System General Regulations) – are revised every year, as from the 1^st July, exactly indexed to the Consumer Price Index (CPI) established generally for the whole Spanish nation by the Instituto Nacional de Estadística (National Institute of Statistics), corresponding to the twelve calendar months immediately before the revision date involved, and

2.2 In the event of automatic extension of the Agreement and of extended duration of the Agreement after its notice of termination, the revision set forth in the previous paragraph shall be applicable, without detriment in any case of the provisions in paragraph 5.3.

Three. Non-repudiated agreement.

ABP may, as an exception, repudiate the Agreement within fifteen working days as from the day after the date when ACB considers again, before the beginning of the 1993/1994 season, the issue of simultaneous registration of up to three players not selected by team, and only if it decides to maintain this possibility, exercising the faculties granted to it by the Royal Decree 1835/1991, of 20th December, on Spanish Sports Federations.

If such specific repudiation does not exist,

If this agreement reaches the end of its term without any of the parties repudiating it, the agreement shall be fully extended, except for the provisions of the sections below, and the Agreement shall continue in force in all the other points.

3.1 Contract system.

3.1.1 The club or SAD shall be entitled to extend the agreement of players under the age of twenty-three by means of one of the following procedures:

3.1.1.1 Agreeing to pay them the remuneration per season stated in the table below, according to their age as follows:

Computable age Annual remuneration

18 years of age 12.000€

19 years of age 30.000€

20 years of age 54.000€

21 years of age 78.000€

22 years of age 96.000€

3.1.1.2 Exercising the right of pre-emption, after the offer of the minimum annual remuneration provided for in the Agreement, as indicated below:

Computable age Minimum annual remuneration

18 and 19 years of age 9.000€

20 and 21 years of age 15.000€

22 years of age 21.000€

3.1.2 The indemnities for waiver of rights provided for in article 16 shall be calculated according to the criteria given below:

3.1.2.1 If the player is under the age of twenty-three, the amount of the indemnity shall be 100 per 100 of the average agreed remuneration for the seasons covered by the term of the new agreement.

3.1.2.2 If the player is older than twenty-three and younger than twenty-six years of age, the percentages of 15, 30 and 50 per 100 provided for in paragraph 16.1.2 shall be replaced respectively with these: 35, 60 and 75 per 100, and

3.1.2.3 The players shall be entitled to receive exclusively 10 per 100 of the indemnity amount involved, and

3.1.3 For all the other issues regarding contracting players the applicable method shall be that set forth in chapter four in the Agreement, and

3.2 Pension Plans or Funds - or similar investments -:

3.2.1 Every ACB club or SAD shall – through the former – bring in a set amount of pesetas to ABP per every season within the agreed duration of this Agreement; such amount shall be paid in two instalments every year – on the 31st December and 30th June -, for such Association to allocate this amount to a pension plan or fund - or similar investment – for the players.

3.2.2 The aforementioned amounts shall comply with the table below:

Season Amount

1993-1994 2850€

1994-1995 3000€

1995-1996 3150€

3.2.3 If a player is not registered throughout all the sports season, the club or SAD shall pay the applicable proportional part only.

3.2.4 Subject to the corresponding application, ACB shall be entitled to know the specific allocation of the contributions involved, as well as to be informed of the profits, evolution and circumstances of the Fund, Plan or similar investment constituted with it, and

3.2.5 ACB authorises ABP to allocate to a subsidy fund 10 per 100 of the total amount of the contributions from clubs or SAD to the Plan, Fund or similar investment constituted subject to this provision.

FINAL DECLARATION

The undersigning parties are aware of the need and convenience of the continuation of the way already started and of going more deeply in the process of setting forth details gained with the signature of this Agreement. Therefore, they wish to expressly put on record the formal commitment acquired with the intention to banish in the future any kind of unilateral action designed to violate this principle and to nullify the issues agreed.
Schedule 2

Offer document

WHEREAS

...................... , on behalf of the club ........................... on the one hand,

and

............. on the other

have assembled

DECLARE:

Mr. .............. (the player), that since the agreement that bound him to his previous club has expired and he has no unsettled obligations with it, he is now a free player for the purposes of the provisions by the regulations that govern the registration of players in the ACB league.

Mr. ................ , that the club he represents is interested to hire the services of the player, and therefore makes this contract offer, whose validity and efficiency shall be subject to the fact that the club that used to have the player registered waives the exercise of the rights it is entitled to according to the regulations referred to in the previous paragraph.

Terms of the offer

One.- Duration of the agreement (number of sports seasons).

Two.- Remuneration to be received by the player per season under this agreement (cash; if there is payment in kind, the offering club must declare and value it) ⁽⁴⁾.

(4) For the purposes of the contract regulations, the remuneration received by a player's representative, provided that such representative is duly authorised by the club, shall be considered as received by the player.

In witness of their approval and with the object of submitting this document to the club ............... through the appropriate means, and for the purposes provided for in the regulations, they sign this document in ......................... on the .............., 1990.

Signature: for the Club Signature: Player


	Asociacion de Baloncestistas Profesionales, C/ Pau Claris, 162-164, 3º-5ª, Barcelona 08037. Teléfono; 93.487.88.18. Email: baloncesto@abp.es
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