Brady et al v. National Football League et al

Filing 173

Declaration of Barbara P. Berens in Support of 168 Memorandum in Support of Motion, filed by Tom Brady, Drew Brees, Vincent Jackson, Ben Leber, Logan Mankins, Peyton Manning, Von Miller, Brian Robison, Osi Umenyiora, Mike Vrabel. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F (part 1), # 7 Exhibit(s) F (part 2), # 8 Exhibit(s) F (part 3), # 9 Exhibit(s) G, # 10 Exhibit(s) H)(Berens, Barbara)

EXHIBIT F

. ''1"..� �,

� .�".�

�.+-""','

•. "�,.-... ,,,.-. .�

��,,��

" ;;/':''''''''''��''i""�''1-'''''";''

<••<'«'-"'��.�"

"

.. ""'_· �"".M''''__·='�
.

13.- INJURY GRIEVANCE. Unless a collective bargaining agreement in existence at the time of termination of this contract by Club
provides otherwise, the following injury grievance procedure will apply: If Player believes that at the time of termination of this contract by
Club he was physically unable to perform the services required of him by this contract because of an injury incurred in the performance of his
services under this contract, Player may, within 60 days after examination by the Club physician, submit at his own expense to examination
by a physician of his choice. If the opinion of Player's physician with respect to his physical ability to perform the services required of him
by this contract is contrary to that of the Club's physician, the dispute will be submitted within a reasonable time to final and binding
arbitration by an arbitrator selected by Club and Player or, if they are unable to agree, one selected in accordance with the procedures of the
American Arbitration Association on application by either party.
14.

RULES. Player will comply with and be bound by all reasonable Club rules and regulations in effect during the term of this

contract which are not inconsistent with the provisions of this contract or of any collective bargaining agreement in existence during the term
",
of this contract. Player's attention is also called to the fact that the League functions with certain rules and procedures expressive of its
operation as a joint venture among its member clubs and that these rules and practices may affect Player's relationship to the League and its
member clubs independently of the provisions of this contract.
15.

INTEGRITY OF GAME.

Player recognizes the detriment to the League and professional football that would result from

impairment of public confidence in the honest and orderly conduct of NFL games or the integrity and good character of NFL players. Player
therefore acknowledges his awareness that if he accepts a bribe or agrees to throw or fix an NFL game; fails to promptly report a bribe offer
or an attempt to throw or fix an NFL game; bets on an NFL game; knowingly associates with gamblers or gambling activity; uses or provides
other players with stimulants or other drugs for the purpose of attempting to enhance on-field performance; or is guilty of any other form of
conduct reasonably judged by the League Commissioner to be detrimental to the League or professional football, the Commissioner will have
the right, but only after giving Player the opportunity for a hearing at which he may be represented by counsel of his choice, to fine Player in
a reasonable amount; to suspend Player for a period certain or indefinitely; and/or to terminate this contract.
16.

EXTENSION. Unless this contract specifically provides otherwise, if Player becomes a member of the Armed Forces of the

United States or any other country, or retires from professional football as an active player, or otherwise fails or refuses to perform his services

under this contract, then this contract will be tolled between the date of Player's induction into the Armed Forces, or his retirement, or his
failure or refusal to perform, and the later date of his return to professional football. During the period this contract is tolled, Player will not
be entitled to any compensation or benefits. On Player's return to professional football, the term of this contract will be extended for a period
of time equal to the number of seasons (to the nearest mUltiple of one) remaining at the time the contract was tolled. The right of renewal, if
any, contained in this contract will remain in effect until the end of any such extended term.
17.

ASSIGNMENT. Unless this contract specifically provides otherwise, Club may assign this contract and Player's services under

this contract to any successor to Club's franchise or to any other Club in the League. Player will report to the assignee Club promptly upon
being informed of the assignment of his contract and will faithfully perform his services under this contract. The assignee club will pay
Player's necessary traveling expenses in reporting to it and will faithfully perform this contract with Player.
18.

FILING. This contract will be valid and binding upon Player and Club immediately upon execution. A copy of this contract,

including any attachment to it, will be filed by Club with the League Commissioner within 10 days after execution. The Commissioner will
have the right to disapprove this contract on reasonable grounds, including but not limited to an attempt by the parties to abridge or impair
the rights of any other club, uncertainty or incompleteness in expression of the parties' respective rights and obligations, or conflict between
the terms of this contract and any collective bargaining agreement then in existence. Approval will be automatic unless, within 10 days after
receipt of this contract in his office, the Commissioner notifies the parties either of disapproval or of extension of this 10-day period for
purposes of investigation or clarification pending his decision. On the receipt of notice of disapproval and termination, both parties will be
relieved of their respective rights and obligations under this contract.
19.

DISPUTES.

During the term of any collective bargaining agreement, any dispute between Player and Club involving the

interpretation or application of any provision of this contract will be submitted to final and binding arbitration in accordance with the
procedure called for in any collective bargaining agreement in existence at the time the event giving rise to any such dispute occurs.
20.

NOTICE. Any notice, request, approval or consent under this contract will be sufficiently given if in writing and delivered in

person or mailed (certified or first class) by one party to the other at the address set forth in this contract or to such other address as the recipient
may subsequently have furnished in writing to the sender.
21.

OTHER AGREEMENTS. This contract, including any attachment to it, sets forth the entire agreement between Player and Club

and cannot be modified or supplemented orally. Player and Club represent that no other agreement, oral or written, except as attached to or
specifically incorporated in this contract, exists between them. The provisions of this contract will govern the relationship between Player and

Club unless there are conflicting provisions in any collective bargaining agreement in existence during the term of this contract, in which case