Common use of No Unjust Enrichment Clause in Contracts

No Unjust Enrichment. Where an AFL Club employs a Player whose name has been delisted from the List of another AFL Club and where the terms of employment of such Player provide that the average of all payments which the Player would be entitled to earn over the whole of the period of the new contract is: (a) the same or greater during the balance of the years in which the Player was delisted by his previous AFL Club or the year following his delisting (if the provisions of items 17(a)(iii) and 17(a)(iv) of this Schedule C apply), no termination payment shall be payable; or (b) less during the balance of the years in which the Player was delisted by his previous AFL Club or the year following his delisting, the termination payment payable shall be reduced by the average payments which the Player would be entitled to earn under his new contract for the balance of the years in which the Player was delisted and the year following his delisting (if the provisions of items 17(a)(iii) and 17(a)(iv) of this Schedule C apply). Accordingly: (i) any amount payable by an AFL Club under items 17(a)(iii) and 17(a)(iv) of this Schedule C shall not be payable until 31 March in the year following that in which the Player’s name was deleted from the relevant AFL Club’s List; (ii) any payment by an AFL Club of any amount purportedly in accordance with items 17(a)(iii) and 17(a)(iv) of this Schedule C shall be strictly without prejudice to the rights of the AFL Club under this item 18; (iii) an AFL Club shall be entitled to be repaid any amount paid to a Player in excess of a Player’s actual entitlement; and (iv) where a Player fails, refuses or neglects to repay any amount due to his former AFL Club in accordance with this item, within 7 days of a written demand for such payment, the AFL Club which has re-employed the Player shall pay the amount due to the former AFL Club and the Player’s entitlement to payments under his new contract shall be reduced accordingly.