Kostitsyn put on waivers; Heading to KHL?
View Single Post
07-03-2013, 02:37 PM
Join Date: Aug 2009
From what myself, Fugu and mouser (two Business of Hockey mods) have read in the new CBA there is no language specifically for the mutual termination of a contract, but the league has allowed for it in the past.
13.21 in the CBA says that when a team wants to terminate an SPC for any reason they must first put the player on unconditional waivers, which has been done, and the player must clear.
This is how Unconditional Waivers is defined in the CBA:
"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.
And when you look at Paragraph 13(a) of the SPC it says:
13. The Club, in addition to other rights hereunder, at its option, by written notice delivered
to the Player in accordance with Exhibit 3, may terminate this SPC on the following conditions:
(a) The Club shall offer the Player on Unconditional Waivers, either before or promptly after the notice of intention to exercise the Ordinary Course Buy-Out option (herein called "notice of termination") is given.
It goes on from there to outline the buy out procedure.
So there is a way to terminate a contract after a player clears unconditional waivers, but standard operating procedure seems to be a buy out. If we want to completely dissolve the contract the league will have to approve it as there is no provision within the CBA that allows for it otherwise short of the team defaulting on the contract. Even if SK were to refuse to report the league could still make the club suspend the player rather than simply terminating the contract, however in this case it seems like SK is set on playing in the KHL. Maybe the league allows us to terminate the contract because he is not attempting to negotiate a new deal with a new NHL team.
He could also retire from the NHL. In that case we would retain his rights if he ever came back.
View Public Profile
Find More Posts by ThirdManIn