Section 3Ineligibility For Termination Pay
An otherwise qualified player will not be entitled to Termination Pay under this Article if the Club can demonstrate that, after receipt of a written warning from his Club in the form attached hereto as Appendix I, the player failed to exhibit the level of good faith effort which can be reasonably expected from NFL players on that Club.
An otherwise qualified player will not be entitled to Termination Pay if (i) the Club terminated the player’s contract for Conduct Detrimental to the Club, and (ii) the Non-Injury Grievance Arbitrator determines that the player’s conduct was so severe that the maximum discipline for Conduct Detrimental of a fine equal to one week’s salary and suspension without pay for four weeks, pursuant to Article 42, Section 1(b)(xvii) of this Agreement (regardless of whether the Club imposed any such discipline prior to terminating the player’s contract), constitutes an inadequate remedy for the player’s conduct.
An otherwise qualified player will not be entitled to Termination Pay if the Club terminated the player’s contract due to conduct that resulted in the player’s suspension for four (4) or more games pursuant to the Commissioner’s authority under Article 46 of this Agreement following the disposition of any appeal; provided, however, that this Subsection 3(c) shall not apply to any suspension imposed upon a player for violation of on-field playing rules.
For the sake of clarity and the avoidance of doubt, nothing in this Article shall affect in any way a Club’s right to properly terminate a player’s contract for personal conduct that adversely affects or reflects upon the Club even though the conduct does not rise to the level required to render the player ineligible for Termination Pay under Subsections 3(b) or (3)(c) of this Article, in which case the player shall remain eligible for Termination Pay.
A player shall not be eligible for Termination Pay if, without missing a game check at the Paragraph 5 rate stated in his terminated contract, he signs a Player Contract with the same Club that terminated his contract, which new contract provides for Paragraph 5 Salary at a rate equal to or greater than that of his terminated contract. If the player’s new contract is subsequently terminated, however, he shall be eligible for Termination Pay for such subsequent termination, but the amount of Termination Pay for such player shall be the amount he would have received if his previous contract had not been terminated until such subsequent termination.
An otherwise qualified player will not be entitled to collect Termination Pay under this Article if he waives or releases his claim in a written settlement agreement, executed by the player, his Certified Contract Representative (if any), the Management Council and the NFLPA.
The Club may assert as an affirmative defense in any grievance in which a Player claims Termination Pay that the player failed to make a full and complete disclosure of his physical or mental condition in connection with a physical examination if the Club can demonstrate that (1) the player affirmatively misrepresented or omitted from his medical history when questioned (orally or in writing) in connection with a physical examination that he: (A) had a surgical procedure for an injury, or (B) missed game(s) due to injury; (2) the player subsequently suffered a new injury related to the prior injury (i.e., same body part); and (3) the new injury was materially and directly related to the termination that gave rise to the player’s claim for Termination Pay.
For the avoidance of doubt, this provision shall only apply to a player’s claim for Termination Pay pursuant to this Article. No party may argue that this provision applies to or defines the special defense set forth in Article 44, Section 3(a)(2) of this Agreement.