UNITED STATES . JAPANESE PLAYER CONTRACT AGREEMENT > 5) If the Japanese Player is on the Reserve, Military, Voluntarily Retired, Restricted,
> Disqualified, Suspended or Ineligible List of any Japanese Club, as such Lists are
> described in the Japanese Professional Baseball Rules as of February 1, 2000, the
> U.S. Major League Club shall not contact or engage the Japanese Player unless
> approval to do so has been given by the Japanese Club through the Japanese
> Commissioner and then only pursuant to the procedures set forth in paragraphs (8)
> through (12) below.
> 6) If the Japanese Player is not one concerning whom approval must be obtained under
> paragraph (5), the Japanese Commissioner shall so notify the U.S. Commissioner
> and the U.S. Major League Club may then contact and engage the Japanese Player.
> If approval is required under paragraph (5), the Japanese Commissioner shall
> transmit to the U.S. Commissioner the approval or disapproval of the Japanese Club.
> If approval is granted, the procedures set forth in paragraphs (8) through (12) below
> shall apply.
UNITED STATES . JAPANESE PLAYER CONTRACT AGREEMENT > 1) If a Japanese Professional Baseball Club (hereinafter referred to as a “Japanese
> Club”) wishes to contact and engage a baseball player, professional or amateur, who
> is currently playing or has played baseball in the United States or Canada, and/or is
> under contract with a Club that is a member of the National League or American
> League of Professional Baseball Clubs (hereinafter referred to as an “American
> Player”), the Japanese Club shall first request that the Office of the Commissioner of
> Japanese Professional Baseball (hereinafter referred to as the “Japanese
> Commissioner”) determine the status and availability of the American Player as
> hereinafter provided by communicating with the Major League Baseball Office of
> the Commissioner (hereinafter referred to as the “U.S. Commissioner”). The U.S.
> Commissioner shall respond to a request from the Japanese Commissioner within
> four (4) business days. The Japanese Commissioner shall keep the identity of any
> Japanese Club(s) inquiring as to the status of an American Player confidential in his
> communications with the U.S. Commissioner.
> 2) If the American player is on the Reserve, Military, Voluntarily Retired, Restricted,
> Disqualified, Suspended or Ineligible List of any Club that is a member of the
> National League or American League of Professional Baseball Clubs (“hereinafter
> referred to as a “U.S. Major League Club”), as such Lists are described in the Major
> League Rules adopted January 20, 2000, the Japanese Club shall not contact or
> engage the American Player unless approval to do so has been given by such U.S.
> Major League Club through the U.S. Commissioner.
> 3) If the American Player is not one concerning whom approval must be obtained
> under paragraph (2), the U.S. Commissioner shall so notify the Japanese
> Commissioner and the Japanese Club may then contact and engage the American
> Player. If approval is required under paragraph (2), the U.S. Commissioner shall
> transmit to the Japanese Commissioner the approval or disapproval of the U.S.
> Major League Club.
> 4) If a U.S. Major League Club wishes to contact and engage a baseball player,
> professional or amateur, who is currently playing or who has played baseball in
> Japan and/or is under contract with a Japanese Club (hereinafter referred to as a
>
> “Japanese Player”), the U.S. Major League Club shall first request that the U.S.
> Commissioner determine the status and availability of the Japanese Player in the
> same manner that the status and availability of an American Player is determined
> hereunder. The Japanese Commissioner shall respond to the request from the U.S.
> Commissioner within four (4) business days. The U.S. Commissioner shall keep
> the identity of any U.S. Major League Club(s) inquiring of the status of a Japanese
> Player confidential in his communications with the Japanese Commissioner.
> 5) If the Japanese Player is on the Reserve, Military, Voluntarily Retired, Restricted,
> Disqualified, Suspended or Ineligible List of any Japanese Club, as such Lists are
> described in the Japanese Professional Baseball Rules as of February 1, 2000, the
> U.S. Major League Club shall not contact or engage the Japanese Player unless
> approval to do so has been given by the Japanese Club through the Japanese
> Commissioner and then only pursuant to the procedures set forth in paragraphs (8)
> through (12) below.
> 6) If the Japanese Player is not one concerning whom approval must be obtained under
> paragraph (5), the Japanese Commissioner shall so notify the U.S. Commissioner
> and the U.S. Major League Club may then contact and engage the Japanese Player.
> If approval is required under paragraph (5), the Japanese Commissioner shall
> transmit to the U.S. Commissioner the approval or disapproval of the Japanese Club.
> If approval is granted, the procedures set forth in paragraphs (8) through (12) below
> shall apply.
> 7) If, in response to an inquiry by a U.S. Major League Club or on its own initiative, a
> Japanese Club wishes to make a Japanese Player concerning whom approval must
> be obtained under paragraph (5) available to U.S. Major League Clubs, such
> Japanese Club may make such Japanese Player available to U.S. Major League
> Clubs only pursuant to the procedures set forth in paragraphs (8) through (12)
> below.
> 8) With respect to a player covered by paragraph (5) whom a Japanese Club wishes to
> make available to the U.S. Major League Clubs, the Japanese Club shall request that
> the Japanese Commissioner notify the U.S. Commissioner of the Japanese Club’s
> desire to make the Japanese Player available. The U.S. Commissioner then shall
> post the Japanese Player’s availability by notifying all U.S. Major League Clubs of
>
> the intention of the Japanese Club to make the player available.
> 9) All requests by Japanese Clubs for postings must be made during the period
> commencing on November 1 of a given year and ending on March 1 of the
> following year and must be accompanied by the Japanese Club’s medical records,
> i.e., trainers’ reports and doctors’ reports in the possession of the Japanese Club for
> the Japanese Player in question, which will be made available to the U.S. Major
> League Clubs. Within four (4) business days of the posting of the availability of
> the Japanese Player by the U.S. Commissioner, any interested U.S. Major League
> Club must submit to the U.S. Commissioner a bid, composed of monetary
> consideration only, to be paid to the Japanese Club as consideration for the Japanese
> Club relinquishing its rights to the player in the event that the U.S. Major League
> Club reaches an agreement with the Japanese Player. No direct or indirect contact
> may be made between a U.S. Major League Club and the Japanese Club concerning
> a posted player and/or the amount of the bid to be submitted by a U.S. Major
> League Club. The U.S. Commissioner shall have the authority, pursuant to
> paragraph (13) below, to take action that he deems appropriate in the event he
> concludes that a contact prohibited by the preceding sentence has been made
> concerning a posted player.
> 10) At the conclusion of the bidding period, the U.S. Commissioner shall determine the
> highest bidder among the U.S. Major League Clubs and that determination of the
> highest bidder shall be conclusive and binding on all parties. The U.S.
> Commissioner then shall notify the Japanese Commissioner of the amount of the bid
> submitted by the successful bidder, and the Japanese Commissioner will have four
> (4) business days to notify the U.S. Commissioner of whether that bid is acceptable
> to the Japanese Club involved.
> 11) If the highest bid is not acceptable to the Japanese Club making the Japanese Player
> available, the Japanese Player’s posting will be withdrawn and another request for
> posting with respect to that Japanese Player shall be prohibited until the following
> November 1. If the highest bid is acceptable to the Japanese Club, the U.S.
> Commissioner shall award the sole, exclusive, and non-assignable right to negotiate
> with and sign the posted Japanese Player to the U.S. Major League Club that
> submitted the highest bid. That U.S. Major League Club then shall have 30 days
> from the date of the notice by the U.S. Commissioner that the bid is acceptable to
>
> the Japanese Player’s Japanese Club in which to sign the Japanese Player. If the
> Japanese Player signs a contract with the U.S. Major League Club within 30-day
> period, the U.S. Major League Club shall pay the Japanese Club the amount of its
> successful bid within five (5) business days of the confirmation of terms with the
> Major League Baseball Players Association in the case of a Major League Contract
> or within five (5) business days of the reporting of terms to the U.S. Commissioner’s
> Office in the case of minor league contract.
> 12) If the U.S. Major League Club, for any reason, fails to sign the Japanese Player
> within the 30-day period, the U.S. Major League Club’s negotiation rights shall
> lapse and the U.S. Major League Clubs shall have no obligation to pay the Japanese
> Player’s Japanese Club the amount of its successful bid (or any other obligation
> whatsoever). Further, another request for posting with respect to that Japanese
> Player shall be prohibited until the following November 1.
> 13) The U.S. Commissioner shall have the authority to oversee the bidding procedures
> set forth in paragraphs (8) through (12) above to ensure that they not been
> undermined in any manner. Among other actions that he may deem appropriate
> and in the best interests of baseball, the U.S. Commissioner shall have the authority
> to revoke a U.S. Major League Club’s exclusive negotiation rights with respect to a
> Japanese Player (and, subject to the Japanese Club’s approval pursuant to paragraph
> (11) above, to award such rights to the next highest bidder, if any) and to declare
> null and void any contract between a Japanese Player and a U.S major League Club
> that the U.S. Commissioner deems was the result of conduct that was inconsistent
> with this Agreement or otherwise not in the best interests of professional baseball.
> 14) U.S. Major League Clubs and Japanese Clubs are free to enter into working
> agreements. Such working agreements, however, cannot provide a U.S. Club with
> exclusive or preferential rights to contract with Players on the Reserve, Military,
> Voluntarily Retired, Restricted, Disqualified, Suspended or Ineligible Lists of a
> Japanese Club. All working agreements must be filed with the U.S. and Japanese
> Commissioners, and either Commissioner may take action to require modifications
> of terms deemed to be inconsistent with this Agreement or otherwise not in the best
> interests of professional baseball in that country. The U.S. Commissioner shall be
> advised immediately of any negotiations or transactions between Clubs and/or
> Players of the United States and Japan.
>
> 15) This Agreement is subject to current and future legal restrictions in the United States
> and Japan.
> 16) If either party to this Agreement has a material change in its reserve rules or any
> other rule identified in paragraph (2) or (5) herein, that party shall have an
> obligation immediately to notify the other party of the change, and the other party
> shall have the right to seek renegotiation of and/or void this Agreement upon ten
> (10) days’ written notice.
> 17) Subject to paragraph 16 above, this Agreement shall have a term of two (2) years
> commencing on December 15, 2000 and ending on December 15, 2002 (“the Initial
> Termination Date”). One hundred and eighty (180) days prior to the Initial
> Termination Date, either the U.S. Commissioner or the Japanese Commissioner
> shall have the right to give notice of his intention to modify or terminate this
> Agreement and, promptly after the issuance of such notice, the parties shall
> commence discussions concerning the extension or amendment of this Agreement.
> If neither the U.S. Commissioner nor the Japanese Commissioner gives notices of
> his intention to modify or terminate this Agreement 180 days prior to the Initial
> Termination Date, this Agreement shall continue from year-to-year until either the
> Japanese Commissioner or the U.S. Commissioner gives notice of his intention to
> modify or terminate this Agreement one hundred and eighty (180) days prior to any
> anniversary of the Initial Termination Date.