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Basketball Operations Manual - Basketball New Zealand

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(d)<br />

(e)<br />

(f)<br />

utilises the services of the Franchisees in preference to other providers, wherever<br />

possible; and<br />

accounts for League costs better covered centrally than incurred by Franchisees<br />

individually; and<br />

is at the sole discretion of the Board.<br />

7.6 Each of the parties acknowledges that there is a substantial risk that budgeted sponsorship<br />

and/or grant funding revenue may not be achieved or that confirmation of such<br />

sponsorship and grant funding revenue may not be received before the commencement<br />

of a League Playing Season and accordingly the Franchisee must in accordance with<br />

clause 4.1(b) ensure that it has adequate finance and working capital to enable it to<br />

carry on the Business of having a Team participate in the forthcoming League Playing<br />

Season in the event such NBLL budgeted sponsorship and/or grant funding revenue is<br />

not received.<br />

7.7 The Franchisee acknowledges that NBLL may, if it determines that it is in the best interests<br />

of the League to do so, provide financial assistance in such form and manner<br />

and on such terms as NBLL determines, to any Franchisee without the obligation to<br />

provide any or such financial assistance to any other Franchisee.<br />

7.8 The Franchisee shall pay the Entry Fee for the 2006 League Playing Season in the amount<br />

and manner set out in Schedule 1 to this agreement, and for each subsequent playing<br />

season during the Term of this Agreement as determined by NBL in its sole discretion<br />

and as incorporated in the Budget referred to in clause 7.3 above, subject to the Entry<br />

Fee not increasing or decreasing by more than 100% during the term of this agreement<br />

7.9 Except to the extent of any funding provided through or by NBLL or BBNZ the Franchisee<br />

shall meet all costs of operating the Team in the National <strong>Basketball</strong> League<br />

during the Term.<br />

8 <strong>Operations</strong> <strong>Manual</strong> and Competition Rules<br />

8.1 The Franchisee will comply with and be responsible for ensuring that all persons who<br />

are employed or under contract to each Franchisee as players; or coaches or officials<br />

associated with the Franchise or Team, comply with the <strong>Operations</strong> <strong>Manual</strong> and of the<br />

Competition Rules.<br />

8.2 The parties expressly acknowledge that this Participation Agreement, the <strong>Operations</strong><br />

<strong>Manual</strong> and the Competition Rules include as if fully set out therein the following parts<br />

of the BBNZ Board <strong>Operations</strong> Procedures <strong>Manual</strong>:<br />

(a) Part 2 Anti Doping Code;<br />

(b) Part 4 Judicial Regulations;<br />

(c) Part 6 Code of Conduct;<br />

(d) Part 7 Fair Play;<br />

(e) Part 9 Harassment Free <strong>Basketball</strong>.<br />

The provisions of those <strong>Manual</strong>s shall apply to the operation of the National <strong>Basketball</strong><br />

League, the Franchisee, the Team and each player, member, coach or official associated<br />

with the Team. In particular it is agreed that the <strong>Basketball</strong> <strong>New</strong> <strong>Zealand</strong> Board<br />

<strong>Operations</strong> Procedure <strong>Manual</strong> Part 4, Judicial Regulations, shall apply to any alleged<br />

Offence so that a BBNZ Judicial Committee will be the first tier judicial procedure, and<br />

the BBNZ Appeal Committee as the second tier judicial procedure for such alleged Offence.<br />

32 2007 NBL <strong>Operations</strong> and Rules <strong>Manual</strong>

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