Beginning in the 2021 League Year (for a 2020 injury), in any Non-Injury Grievance pursuant to Article 43 of this Agreement concerning a player’s claim for the Injury Protection Benefit, the Club and the Management Council may assert as an affirmative defense 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 (either 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 injury giving rise to the player’s entitlement to the Injury Protection Benefit. For the avoidance of doubt, this provision shall only apply to a player’s claim for Injury Protection 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.