(b) Notwithstanding anything to the contrary in Section 50.1(a) above, HRR shall not include the following non-exhaustive list of revenues:
(i) Revenues from the Assignment (i.e., Waivers) of any SPC;
(ii) Revenues from the relocation or sale of any existing Club (or any interest therein) or the grant of any new franchise;
(iii) Revenues from the operation of teams, other than NHL Clubs, that are owned or controlled by an NHL Club or a Club Affiliated Entity;
(iv) Revenues from the sale of Club personal property, including, without limitation, Club furniture, fixtures, and equipment, other than a Player's Game-Worn, practice-worn, or NHL-event worn or used jersey and/or equipment, or the sale of any other hockey-related items whose value is directly enhanced by a Player's personality rights;
(v) Proceeds from loans or other financing transactions;
(vi) Dues, loans, advances, cash calls, or capital contributions received by the NHL or an NHL-affiliated entity (e.g., NHL Enterprises, LP, NHL Enterprises Canada, LP), or a Club, any other entity owned by a Club, or any Club Affiliated Entity, from one or more of its owners, shareholders, members or partners;
(vii) Any amounts collected by the League from any Club, Player, or other Club personnel, including, without limitation, fines or other moneys collected by the League as a result of any League-imposed disciplinary action;
(viii) Revenues received by any Club in connection with Player Compensation Cost Redistribution that is paid by the League;
(ix) Interest income;
(x) Investments in, and the proceeds from investments in, currency contracts, equities, options, and other financial derivatives;
(xi) Insurance recoveries and expense reimbursements from insurance;
(xii) Proceeds received by a Club as a result of any legal proceeding that are in excess of any amount representing actual lost revenues that would otherwise be included in HRR, less all costs and attorneys' fees incurred in connection with such proceeding;
(xiii) Revenues from the sale or leasing of real estate;
(xiv) Revenues raised for charitable organizations or purposes that have been raised by a Club with or without Player participation, for the charitable organizations or purposes for which revenues have been raised prior to the effective date of this Agreement, and all other revenues raised for charitable organizations or purposes that do not use current Player names and likenesses or make de minimis use of such names or likenesses (e.g., a silent auction with one or two Player-autographed sticks);
(xv) Any thing of value received in connection with the design or construction of a new or renovated arena or other Club facility including, without limitation, receipt of title to or a leasehold interest in real property or improvements, reimbursements of expenses related to any such project, benefits from project-related infrastructure improvements, or tax credits or abatements, so long as such things of value or other revenues are not reimbursements for any operating expenses of the Club;
(xvi) Any thing of value that induced or is intended to induce a Club either to locate or to relocate (e.g., amounts paid to enable a Club to buy-out its lease obligations or enable it to pay any relocation fee) or remain in a particular geographic location such that it will enable the Club or its Club Affiliated Entity to enhance categories or revenue streams constituting HRR, so long as such things of value or other revenues are not reimbursements for operating expenses of the Club;
Illustration #1: A Club leases the arena for its home games from a public authority. The lease provides that the public authority will construct or improve luxury suites in the arena. In lieu of making the physical improvements required by the lease, the public authority makes specific guaranteed annual payments to the Club. Such payments would be included in HRR.
Illustration #2: In order to induce a Club to stay in its current location, a public authority pays the Club a lump sum payment in the form of a loan (e.g., $20 million), part of which (e.g., $10 million) is to reimburse the Club for improvements to the locker room, construction of a practice facility and suite improvements, and part of which (e.g., $10 million) is paid to the Club to induce it to stay at the location over a stated period of time (e.g., twenty (20) years). Each year 1/20th of the loan is forgiven by the public authority so long as the Club remains in the arena and uses the latter portion of funds loaned for operation of the Club. Should the team relocate, any unpaid balance of the loan must be repaid to the public authority. The $10 million portion of the loan devoted to physical improvements of the arena and for the practice facility is excluded from HRR. The remaining portion of the loan is included in HRR (at $500,000 per year) because the funds are used for operating revenues of the Club.
and
(xvii) Reimbursements to Clubs from the Escrow Account made pursuant to Article 50.11.