News & Notes XLIII: Cam Ward is a Cute lil 10 Year Old

cptjeff

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Sep 18, 2008
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I didn’t know it was possible to mutually terminate a multi year deal above the Ahl cap hit maximum of league minimum + 375k
What? No. Any contract may be mutually terminated.

A key word there being "mutual". Very, very rarely do players agree to that when multiple millions are on the line. Kuzy will probably play the last few months in the AHL, then the Caps will buy him out in the summer. That way, he gets fully paid. Mutual termination means the paychecks stop.
 

Lempo

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Feb 23, 2014
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What? No. Any contract may be mutually terminated.

A key word there being "mutual". Very, very rarely do players agree to that when multiple millions are on the line. Kuzy will probably play the last few months in the AHL, then the Caps will buy him out in the summer. That way, he gets fully paid. Mutual termination means the paychecks stop.
It not so a clear cut thing at all, in a cap league. Yes, it would make sense that parties to a contract may choose to mutually terminate said contract, BUT the SPC has pretty clear terms on which the SPC can be terminated (SPC 12, 13 and 14), and there is not one beep of mutual termination. Meanwhile, elsewhere in the CBA it is made pretty clear that you don't alter the deal after it's done, and there also cannot be understanding of any sort that (for example) a front-loaded SPC would be mutually terminated after the bogus years at the end side of the contract has been abused to drive down the AAV. It's anyone's guess whether this completely prohibits the re-negotiations to terminate a SPC:

11.10 No Renegotiation. In no event shall a Club and a Player negotiate a change in any terms of a Player's SPC for the then-current season or for any remaining season of an SPC (except as provided for in Section 11.8(b)). This provision shall not prohibit a Player and Club from negotiating an extension to an existing SPC in accordance with the terms of Section 50.5(f) hereof, or from negotiating a new or reformed SPC or Offer Sheet in the limited context and time-frame expressly set forth in Section 11.6(a)(vi) above.
11.13 Option Clauses/Voidable Years. SPCs shall not contain any option clause or voidable year, whether automatic, optional or otherwise.
Do note: even the "no renegotiation" paragraph only has the exception for specific trade clause situations, but does not explicitly allow for mutual termination.

There are ways to get out of a SPC, but per the public rules one party have to first breach the SPC (for example by not reporting to AHL) so the other party can then trigger the one-sided termination process. The parties can obviously explicitly or silently agree to do this choreography.

You're right that it would be a rare occasion because of the obvious reasons re: the salary. There may be something in the non-public NHL By-Laws or some case law if an arbitrator has ever had to look into such a matter. The very least they're very singular cases and the Commissioner may want to be very hands-on if such a thing is ever tried.
 
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cptjeff

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Sep 18, 2008
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It not so a clear cut thing at all, in a cap league. Yes, it would make sense that parties to a contract may choose to mutually terminate said contract, BUT the SPC has pretty clear terms on which the SPC can be terminated (SPC 12, 13 and 14), and there is not one beep of mutual termination. Meanwhile, elsewhere in the CBA it is made pretty clear that you don't alter the deal after it's done, and there also cannot be understanding of any sort that (for example) a front-loaded SPC would be mutually terminated after the bogus years at the end side of the contract has been abused to drive down the AAV. It's anyone's guess whether this completely prohibits the re-negotiations to terminate a SPC:



Do note: even the "no renegotiation" paragraph only has the exception for specific trade clause situations, but does not explicitly allow for mutual termination.

There are ways to get out of a SPC, but per the public rules one party have to first breach the SPC (for example by not reporting to AHL) so the other party can then trigger the one-sided termination process. The parties can obviously explicitly or silently agree to do this choreography.

You're right that it would be a rare occasion because of the obvious reasons re: the salary. There may be something in the non-public NHL By-Laws or some case law if an arbitrator has ever had to look into such a matter. The very least they're very singular cases and the Commissioner may want to be very hands-on if such a thing is ever tried.
Being able to mutually terminate a contract is a foundational element of contract law and can't be negotiated away. ANY contract may be mutually terminated.

It does not happen regularly because it's rarely in the player's interest, but it has happened numerous times before. The no renegotiation provision prevents players from coming back to the same team.
 

WreckingCrew

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Feb 4, 2015
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Being able to mutually terminate a contract is a foundational element of contract law and can't be negotiated away. ANY contract may be mutually terminated.

It does not happen regularly because it's rarely in the player's interest, but it has happened numerous times before. The no renegotiation provision prevents players from coming back to the same team.
I can't imagine Kuzy being willing to give up $7.8M next year (plus whatever he's still owed this year) because ain't nobody giving him another NHL contract anywhere close to that. Get your money pwning the AHL with Hershey (which is honestly one of the best AHL organizations out there). IF he suddenly decided to be charitable enough to give up $7.8M, I'd be extremely suspicious of behind-the-scenes cap-circumvention shenanigans going on.
 

Svechhammer

THIS is hockey?
Jun 8, 2017
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I can't imagine Kuzy being willing to give up $7.8M next year (plus whatever he's still owed this year) because ain't nobody giving him another NHL contract anywhere close to that. Get your money pwning the AHL with Hershey (which is honestly one of the best AHL organizations out there). IF he suddenly decided to be charitable enough to give up $7.8M, I'd be extremely suspicious of behind-the-scenes cap-circumvention shenanigans going on.
Maybe he misunderstood their intentions and thought that by being demoted that he'd be leaving the District and just heading to Colombia itself.
 

cptjeff

Reprehensible User
Sep 18, 2008
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Washington, DC.
I can't imagine Kuzy being willing to give up $7.8M next year (plus whatever he's still owed this year) because ain't nobody giving him another NHL contract anywhere close to that. Get your money pwning the AHL with Hershey (which is honestly one of the best AHL organizations out there). IF he suddenly decided to be charitable enough to give up $7.8M, I'd be extremely suspicious of behind-the-scenes cap-circumvention shenanigans going on.
Oh, absolutely. Even if he just shows up for the end of this year, it's likely he gets bought out in the offseason and still gets all of his money.
 

Boom Boom Apathy

I am the Professor. Deal with it!
Sep 6, 2006
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Oh, absolutely. Even if he just shows up for the end of this year, it's likely he gets bought out in the offseason and still gets all of his money.
So looking at it:

He's been paid most of his money for 2023/24: $2M signing bonus and $4.4M of his $6M salary - prorated. So there's $1.2M left for him to be paid this year.

Next year he's again due a $2M signing bonus and $6M salary. If he's bought out on June 15,2024; He'll get paid $6M of the $8M he's owed, which will be paid over 2 years.

So like you said, he has no incentive to terminate his contract. if he does nothing, at a minimum he gets $7.2M for this year and in future years via buyout.
 

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