Common use of Emergency Hardship Clause in Contracts

Emergency Hardship. (1) If a Team during the Regular Season, as a result of injuries, illnesses, other conditions or other extenuating circumstances that have affected its players, has less than ten (10) players on its roster who are able to play, it may apply to the WNBA to obtain an Exception to sign one or more Replacement Player(s) to Replacement Contract(s) to replace one or more of the Team’s unavailable Players. Any such Replacement Contract shall be terminated immediately once ten (10) other players on the Team’s roster are again able to play. (2) The determination of whether to grant a Team one or more Emergency Hardship Exceptions shall be in the WNBA’s sole discretion. The WNBA may attach such conditions to an Emergency Hardship Exception as it may determine, in its sole discretion, provided that such conditions do not violate any provision of this Agreement. (3) If a Team requests an Emergency Hardship Exception pursuant to this Section 4(b), all players whom the Team claims are unable to play shall cooperate in the processing of the request (and in such ongoing evaluation of the players’ physical condition as the WNBA may require for purposes of determining when a Replacement Contract must be terminated pursuant to Section 4(b)(1) above), including by appearing (if necessary) at the scheduled place(s) and time(s) for examination(s) by a physician designated by the WNBA. The cost of the WNBA physician will be borne by the WNBA Team seeking the Exception.

Emergency Hardship. (1) ‌ If a Team during the Regular Season, as a result of injuries, injuries,‌ illnesses, other conditions or other extenuating circumstances that have affected its players, has less fewer than ten (10) players on its roster who are able to play, it may apply to the WNBA to obtain an Exception to sign one or more Replacement Player(s) to Replacement Contract(s) to replace one or more of the Team’s unavailable Players. Any such Replacement Contract shall be terminated immediately once ten (10) other players on the Team’s roster are again able to play. (2) . The determination of whether to grant a Team one or more Emergency Hardship Exceptions shall be in the WNBA’s sole discretion. The WNBA may attach such conditions to an Emergency Hardship Exception as it may determine, in its sole discretion, provided that such conditions do not violate any provision of this Agreement. (3) . If a Team requests an Emergency Hardship Exception pursuant to this Section 4(b), all players whom the Team claims are unable to play shall cooperate in the processing of the request (and in such ongoing evaluation of the players’ physical condition as the WNBA may require for purposes of determining when a Replacement Contract must be terminated pursuant to Section 4(b)(14(b)(i) above), including by appearing (if necessary) at the scheduled place(s) and time(s) for examination(s) by a physician designated by the WNBA. The cost of the WNBA physician will be borne by the WNBA Team seeking the Exception.