Sports Team NBA Application

SPORTS TEAM NBA APPLICATION AND AGREEMENT

Applicant Name:   Organization Name:

RECITALS

WHEREAS, Applicant seeks admission to membership as a professional basketball team in the National Basketball Association (the "League") and submits this application and agreement for consideration and potential approval by the League; and

WHEREAS, upon approval and in consideration of the payments, representations, covenants, and performance obligations set forth herein, the League may admit Applicant as a Member Club subject to terms and conditions defined in this document and any membership agreement subsequently executed by the parties; and

WHEREAS, Applicant represents that the information provided in this application is true, accurate, and complete, and acknowledges that material misstatements or omissions are grounds for rejection of the application or rescission of admission if discovered after admission.

APPLICATION DETAILS

 Corporation    Limited Liability Company (LLC)    Partnership    Individual/Proprietor

SCOPE OF WORK / OPERATIONS

OWNERSHIP, MANAGEMENT, AND ROSTER

PAYMENT TERMS

Application Fee (non-refundable): $    Franchise Fee (if admitted): $

Late Payment Fee: (applies to overdue amounts past stated due dates)

 Proof of funds and certified financial statements are attached and available upon request.

TERM AND TERMINATION

Admission Effective Date:   Initial Term Expires:

Either party may terminate this Agreement for material breach by the other party upon written notice and a cure period of days.

Notice Period for Voluntary Withdrawal by Applicant: days prior written notice required.

CONFIDENTIALITY

Applicant and the League each acknowledge that during the application review process and thereafter they may receive Confidential Information of the other. "Confidential Information" includes non-public financial information, proprietary business plans, strategic analyses, and any information designated as confidential by either party. Each party shall: (a) hold Confidential Information in strict confidence; (b) use Confidential Information only for the purpose of evaluating or performing obligations under this agreement; and (c) not disclose Confidential Information to any third party except to its officers, legal counsel, and professional advisors who have a need to know and are bound to confidentiality. The obligations in this section shall survive termination or rejection of the application for a period of five years.

REPRESENTATIONS, WARRANTIES, AND CERTIFICATION

Applicant represents and warrants that all information provided in this application is true, correct and complete to the best of its knowledge. Applicant certifies that no owner or principal is subject to any unresolved criminal indictments or civil judgments that would materially impair the ability to operate a professional sports franchise. Applicant further agrees to provide additional documentation and to cooperate in background checks as reasonably requested by the League.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This application and agreement, together with any schedules, exhibits, or membership agreement executed by the parties, constitutes the entire agreement between Applicant and the League with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. No amendment shall be effective unless in writing and signed by both parties.

ADDITIONAL PROVISIONS

By signing below, Applicant certifies that the individual signing has full authority to bind the Applicant, that the information contained in this application is accurate, and that Applicant agrees to comply with the payment terms, confidentiality obligations, and all provisions set forth in this document. Applicant further acknowledges that submission of this application does not guarantee admission and that the League retains sole discretion to grant or deny membership.

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