Cubs Sale Is Done

[Ace]

<!--quoteo(post=61069:date=Sep 1 2009, 08:21 PM:name=Kid)-->QUOTE (Kid @ Sep 1 2009, 08:21 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61066:date=Sep 1 2009, 08:18 PM:name=Ace)--><div class='quotetop'>QUOTE (Ace @ Sep 1 2009, 08:18 PM) <{POST_SNAPBACK}><!--quotec--><!--quoteo(post=61063:date=Sep 1 2009, 08:15 PM:name=Kid)--><div class='quotetop'>QUOTE (Kid @ Sep 1 2009, 08:15 PM) <{POST_SNAPBACK}><!--quotec-->Schedule A, Section 7 of the Uniform Player's Contract under the CBA:

<!--quoteo--><div class='quotetop'>QUOTE <!--quotec-->TERMINATION

By Player

7.(a) The Player may terminate this contract, upon written notice to
the Club, if the Club shall default in the payments to the Player provided
for in paragraph 2 hereof or shall fail to perform any other obligation
agreed to be performed by the Club hereunder and if the Club shall
fail to remedy such default within ten (10) days after the receipt by the
Club of written notice of such default. The Player may also terminate
this contract as provided in subparagraph (d)(4) of this paragraph 7.
(See Article XV(I) of the Basic Agreement.)

By Club

7.( [img]style_emoticons/<#EMO_DIR#>/cool.gif[/img] The Club may terminate this contract upon written notice to the
Player (but only after requesting and obtaining waivers of this contract
from all other Major League Clubs) if the Player shall at any time:

(1) fail, refuse or neglect to conform his personal conduct to the
standards of good citizenship and good sportsmanship or to keep
himself in first-class physical condition or to obey the Club's training
rules; or

(2) fail, in the opinion of the Club's management, to exhibit sufficient
skill or competitive ability to qualify or continue as a member
of the Club's team; or

(3) fail, refuse or neglect to render his services hereunder or in
any other manner materially breach this contract.

7. If this contract is terminated by the Club, the Player shall be entitled
to termination pay under the circumstances and in the amounts set
forth in Article IX of the Basic Agreement. In addition, the Player shall
be entitled to receive an amount equal to the reasonable traveling
expenses of the Player, including first-class jet air fare and meals en
route, to his home city.<!--QuoteEnd--><!--QuoteEEnd-->

Article IX of the CBA only allows termination pay for a termination under section 7( [img]style_emoticons/<#EMO_DIR#>/cool.gif[/img] (2):
<!--quoteo-->QUOTE <!--quotec-->A Player whose Contract is terminated by a Club during the championship
season under paragraph 7( [img]style_emoticons/<#EMO_DIR#>/cool.gif[/img] (2) of the Uniform Player's Contract
for failure to exhibit sufficient skill or competitive ability shall be
entitled to receive termination pay from the Club in an amount equal
to the unpaid balance of the full salary stipulated in paragraph 2 of his
Contract for that season.<!--QuoteEnd--><!--QuoteEEnd-->

That being said, I think it's hard to fit lying about age under the permissible bases for termination under the Uniform Players' Contract.
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I think you could fit it under (1) if you had to.

Unrelatedly - that Article IX snippet reads like you can terminate a guy for sucking and only be on the hook for the remainder of his salary in that particular season. Obviously that's not the case (or you'd see a whole lot of September terminations), but it kind of reads that way.
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Let me rephrase. I think you'd have a hard time fitting it under any of the 3 and have an arbitrator uphold that decision.
<!--QuoteEnd--></div><!--QuoteEEnd-->

Interestingly, the fact that this would be the second time Soriano would have lied about his age (this is all in the hypothetical, of course) would probably color an arbitrator's decision if under number 1. Poor fit, but interesting nevertheless.