ARTICLE 1: DEFINITIONS
As used in this Agreement, the following terms shall have the following meanings:
"1995 Standard Player Contract" or "1995 SPC" means the standard form of employment contract for Player signings entered into by Clubs prior to the Effective Date, in accordance with the terms of the prior Collective Bargaining Agreement, pursuant to which a Player contracted with a Club to provide services as a professional hockey player.
"Accrued Season" means any League Year during which a Player was on a Club's Active Roster for 40 (30 if the Player is a goalie) or more Regular Season Games, provided that, for the purposes of calculating an Accrued Season under this Agreement, games missed due to a hockey-related injury incurred while on a Club's Active Roster shall count as games played for purposes of calculating an Accrued Season but only during the League Year in which the injury was incurred and a maximum of one additional season.
"Active Roster" shall be determined as follows: Commencing on the day prior to the start of the Regular Season, and concluding with each respective Club's last NHL Game in a League Year, Active Roster shall include all Players on a Club's Reserve List who are signed to an approved and registered SPC, subject to the provisions of Article 11, and who are not on the Injured Reserve List, Injured Non Roster, designated Non-Roster, or Loaned. A Player who is on a Conditioning Loan is included on a Club's Active Roster. During Training Camp, a Player shall be deemed to be on the Club's Active Roster only if he had been on the Club's Active Roster after the Trade Deadline in the preceding season on other than an emergency recall basis.
"Agent Certification Program" means the program by which the NHLPA certifies agents to represent Players in individual SPC negotiations with Clubs.
"Agreement" or "CBA" or "Collective Bargaining Agreement" means the Collective Bargaining Agreement in effect between the NHL and the NHLPA as of the Effective Date.
"All-Star Game" means the hockey game so designated by the NHL in which All-Star Players play.
"Assign" means the transfer of the rights to a Player and/or any existing SPC from one Club's Reserve List or Free Agent List(s) to another Club's Reserve List or Free Agent List(s) via Trade, or Waivers.
"Average League Salary" means, with respect to any League Year, the League average salary for such League Year determined in accordance with the principles set forth in the decision of the Arbitrator Nicolau in the average league salary dispute dated March 20, 1995.
"Bona Fide Offer" shall have the meaning set forth in Section 8.6(d) of this Agreement.
"Bonuses" shall have the meaning set forth in Article 50 of this Agreement.
"Buy-Out" or "Ordinary Course Buy-Out" shall have the meaning set forth in Section 50.9(i) of this Agreement and Paragraph 13 of the SPC.
"Buy-Out Period" shall have the meaning set forth in Paragraph 13(d) of the SPC.
"Certified Agent" means an agent duly certified by the NHLPA to represent Players in individual SPC negotiations with Clubs.
"Certified Agent List" shall have the meaning set forth in Section 6.1 of this Agreement.
"Club" means a Member Club of the National Hockey League, and its assignees, as set forth in Article 3.1 of the Constitution.
"Club Actor" shall have the meaning set forth in Section 26.2 of this Agreement.
"Commissioner" means the Commissioner of the National Hockey League.
"Comparable Exhibit" shall have the meaning set forth in Section 12.9(g)(v) of this Agreement.
"Compensatory Draft Selection" means a draft pick awarded to a Club pursuant to the terms of Section 8.3 of this Agreement.
"Competition Committee" shall have the meaning set forth in Article 22 of this Agreement.
"Conditioning Camp" shall have the meaning set forth in Section 15.9 of this Agreement.
"Conditioning Loan" means the Loan of a Player on a Club's Active Roster, for conditioning reasons, in accordance with the terms of Section 13.8 of this Agreement.
"Defected Player" shall have the meaning set forth in Section 10.2(b) of this Agreement.
"Deferred Compensation" or "Deferred Salary" shall have the meaning set forth in Section 50.2(a)(ii)(A) of this Agreement.
"Disclosure Statement" shall have the meaning set forth in Section 17.8 of this Agreement.
"Draft Choice Compensation" means the right of any Club pursuant to Section 10.4 of this Agreement to receive draft pick(s) from another Club, to compensate the Club for the loss of a Restricted Free Agent.
"Effective Date" has the meaning set forth in Section 3.1(a) of this Agreement.
"Entry Draft" means the NHL's annual draft of Rookie hockey players as described in Article 8 (Entry Draft) of this Agreement.
"European Player" has the meaning set forth in Section 9.1(c) of this Agreement.
"Exhibition Game" means any game played by a Club that is not scheduled as a Regular Season Game or Playoff Game, including games played during Training Camp.
"First Refusal Exercise Notice" shall have the meaning set forth in Section 10.3(b) of this Agreement.
"Free Agent" means a Restricted Free Agent and/or an Unrestricted Free Agent.
"Free Agent Lists" shall have the meaning set out in Section 10.3(j) of this Agreement.
"Goaltender Exemption" shall have the meaning set forth in Section 16.14 of this Agreement.
"Grievance" shall have the meaning set forth in Section 17.1 of this Agreement.
"Grievance Committee" has the meaning and purpose set forth in Section 17.4 of this Agreement.
"Group 1 Player" has the meaning set forth in Section 9.1(b) of this Agreement.
"Group 2 Player" has the meaning set forth in Section 10.2(a)(i) of this Agreement.
"Group 3 Player" has the meaning set forth in Section 10.1(a) of this Agreement.
"Group 4 Player" means a Player who has never signed an SPC and who becomes a Free Agent after having met the conditions for a Defected Player in Section 10.2(b)(i) of this Agreement.
"Group 5 Player" shall have the meaning set forth in Section 10.1(b) of this Agreement.
"Group 6 Player" shall have the meaning set forth in Section 10.1(c) of this Agreement.
"Impartial Arbitrator" means the person authorized by this Agreement to hear and resolve specified disputes as provided in Article 17 of this Agreement.
"Injured Non-Roster" shall have the meaning set forth in Section 16.11(a) of this Agreement.
"Injured Reserve List" or "Injured Reserve" means the list of all Players who, because of injury, illness, or disability are deemed by their respective Clubs to be unable to render playing services to such Clubs for an extended period of time as set forth in Article 16 of this Agreement.
"Insured Roster" means the Players under SPC to a Club who, during the NHL Regular Season or Playoffs, are specifically assigned to such Club, or who are on a Conditioning Loan in accordance with the terms of this Agreement. During Training Camp, a Player shall be deemed on the Club's "Insured Roster" only if he had been on the Club's roster after the Trading Deadline in the preceding season on other than an emergency recall basis.
"International Committee" shall have the meaning set forth in Section 24.1(a) of this Agreement.
"International Hockey Game" shall have the meaning set forth in Section 24.1(a) of this Agreement.
"League" or "NHL" refers to the National Hockey League.
"League Rules" means the Constitution and Bylaws, resolutions, rules, and regulations of the NHL (other than this Agreement) and/or any official interpretations of any of them.
"League Year" means the period from July 1 of one calendar year to and including June 30 of the following calendar year or such other one year period to which the NHL and the NHLPA may agree.
"Living Companion" the criteria for Living Companion status is as follows: (a) the persons are not related by blood; (b) neither person is married; (c) the persons share a primary residence; (d) the persons have been living together for at least six (6) months and (e) the persons are at least eighteen (18) years of age.
"Loan" means the transfer of a Player from a Club's Active Roster, Non-Roster, Injured Non-Roster or Injured Reserve List to the roster of a club outside the NHL.
"Major Juniors" or "Juniors" means the Canadian Hockey League, including the Western Hockey League, Ontario Hockey League and the Quebec Major Junior Hockey League.
"Minimum Paragraph 1 Salary" shall have the meaning set forth in Section 11.12 of this Agreement.
"Minors" or "Minor League" means the American Hockey League.
"Minor League Compensation" shall have the meaning set forth in Section 9.4 of this Agreement.
"Native Currency" means for Clubs located in Canada the Canadian dollar and for Clubs located in the United States the U.S. dollar.
"NHL Games" means Regular Season Games and Playoff Games.
"NHL Season" means the time period corresponding to the Regular Season and Playoffs.
"NHLPA" refers to the National Hockey League Players' Association.
"Non-Roster" or "Non-Roster List" shall have the meaning set forth in Section 16.12 of this Agreement.
"Off-Ice Discipline" shall have the meaning set forth in Section 18.2 of this Agreement.
"Offer Sheet" shall have the meaning set forth in Section 10.3 of this Agreement.
"On-Ice Discipline" shall have the meaning set forth in Section 18.1 of this Agreement.
"One-Way Qualifying Offer" means a Qualifying Offer that provides for a Paragraph 1 NHL Salary regardless of whether such Player plays in the NHL or is Loaned.
"Paragraph 1 Minor League Salary" means the salary earned by a Player for play in the minor leagues, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 NHL Salary" means the salary earned by a Player for play in the NHL, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 Salary" includes a Player's Paragraph 1 NHL Salary and his Paragraph 1 Minor League Salary.
"Player(s)" means a hockey player who is party to an SPC, a Rookie, Unsigned Draft Choices, and Free Agents.
"Player Actor" shall have the meaning set forth in Section 26.2 of this Agreement.
"Player Salary" shall have the meaning set forth in Article 50 of this Agreement.
"Playing Roster" means, with respect to each Club's respective Exhibition Game, International Hockey Game, and NHL Game, the Players on such Club's Active Roster who are dressed to play.
"Playing Season Waiver Period" shall have the meaning set forth in Section 13.2 of this Agreement.
"Playoffs," "Stanley Cup Playoffs" or "Playoff Games" means the games or schedule of games, as appropriate, conducted by the NHL following the conclusion of the Regular Season, which lead to the determination of the winner of the Stanley Cup Championship, in accordance with the provisions of Section 27 of the NHL By-Laws and Article 16 of this Agreement.
"Prior Club" means, in any League Year, the Club that contracted with or otherwise last held the playing rights for a Player for the prior League Year.
"Prior Year's Salary" means, with respect to any Player, the Paragraph 1 Salary, for the final League Year of such Player's most recent SPC.
"Professional Games" includes the following: any NHL Games played, all minor league regular season and playoff games and any other professional games played, including but not limited to, games played in any European league or any other league outside North America, by a Player pursuant to his SPC.
"Qualifying Offer" shall have the meaning set forth in Section 10.2(a) of this Agreement.
"Recall" means the transfer of a Player from a roster of a club outside the NHL to a Club's Active Roster.
"Regular Season Games" or "Regular Season" means the NHL Games or the time period, respectively, included in the League Schedule of Championship Games.
"Reserve List" means the list of all Players to whom a Club has rights including all Unsigned Draft Choices, all Players signed to an SPC (whether or not currently playing in the NHL), and all Players who have signed an SPC but who have subsequently been returned to Juniors. A Club may have on its Reserve List, at any one time, not more than 90 Players, which shall include the following:
(a) Not more than 50 Players signed to an SPC and not less than 24 Players and 3 goalkeepers under an SPC. Age 18 and age 19 Players who were returned to Juniors, and who have not played 11 NHL Games in one season, shall be exempt from inclusion in the 50 Player limit.
Any Club violating this provision shall be liable to loss of draft choices as determined by the Commissioner.
(b) Unsigned Draft Choices.
"Restricted Free Agent" means a Player whose SPC has expired, but who is still subject to a Right of First Refusal and/or Draft Choice Compensation in favor of his Prior Club as described in Article 10 of this Agreement.
"Right of First Refusal" means the right of a Club, as described in Article 10, to retain the services of certain Players by matching offers made to those Players.
"Rookie" means a hockey player who has never signed an SPC.
"Salary Arbitrator" shall mean the person(s) selected pursuant to Article 12 to hear and resolve salary arbitration proceedings in accordance with the procedures and terms set forth in Article 12.
"Signing Bonuses" shall mean any compensation paid for signing an SPC.
"Standard Player Contract" or "SPC" means the standard form contract attached hereto as Exhibit 1 which will be the sole form of employment contract used for all Player signings after the execution of this Agreement.
"System Arbitrator" means the person authorized by this Agreement to hear and resolve specified disputes as provided in Section 48.5(a) of this Agreement.
"System Grievance" shall have the meaning set forth in Section 48.1(a) of this Agreement.
"Trade" means the transfer, other than as a result of a claim by Waivers, from one Club's Reserve List or Free Agent List to another Club's Reserve List or Free Agent List of a Player's SPC, the rights to a Player (including his SPC, if applicable) on such Club's Reserve List or Free Agent List, and/or the rights to a draft choice in the Entry Draft.
"Trade Deadline" shall have the meaning set forth in Section 13.12(j) of this Agreement.
"Training Camp" means the camp held by Clubs prior to the start of the Regular Season in accordance with the provisions set forth in Article 15 of this Agreement.
"Two-Way Qualifying Offer" means a Qualifying Offer that provides for a Paragraph 1 NHL Salary to be effective when the Player is in the NHL, and a Paragraph 1 Minor League Salary to be effective when the Player is Loaned to a club outside the NHL.
"Unconditional Waivers" means the process by which the rights to a Player are offered to all other Clubs, without a right of recall at a Waiver price of one-hundred and twenty-five dollars ($125) prior to a Club exercising its right to terminate a Player's SPC pursuant to Article 13 of this Agreement and Paragraph 13(a) of the SPC.
"Unrestricted Free Agent" means a Player who: (a) has either never signed an SPC or whose SPC has expired, or has been terminated or bought out by a Club; and (b) who otherwise is not subject to any exclusive negotiating rights, Right of First Refusal, or Draft Choice Compensation in favor of any Club (including, without limitation, Players referred to in Section 10.1 or 10.2(a)(iv) of this Agreement or a Player who becomes an Unrestricted Free Agent as a result of a Club exercising its walkaway rights under Article 12 of this Agreement).
"Unsigned Draft Choice" means a Player selected by a Club in an Entry Draft, who has not yet been signed to his first SPC.
"Waivers" means the process by which the rights to a Player are offered to all other Clubs pursuant to the procedure set forth in Article 13 of this Agreement and shall include Regular, Re-Entry and Unconditional Waivers.
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