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FWIW, there's been more than one or two posts on these recently, so I figured I'd post the relevant portions from the CBA.
First, the morals clause from the standard player contract:
Second, the bonus forfeiture language that Miguel posted:
So, that's that, right?
Not quite.
There's this paragraph that precedes the one I just quoted above:
In other words: clauses can be inserted into the player's agreement that allow bonus forfeiture, but they are not mandatory. Moreover, they can be more limited than the ones included in Section 9, but not harsher.
So it's not at all clear that the Patriots would be able to recapture that money—and they may still have to pay him more over the next two years, even if he is cut, according to Ian Rapoport.
First, the morals clause from the standard player contract:
11. SKILL, PERFORMANCE AND CONDUCT. . . . If at any time, in the sole judgment of Club, Player’s skill or performance has been unsatisfactory as compared with that of other players competing for positions on Club’s roster, or if Player has engaged in personal conduct reasonably judged by Club to adversely affect or reflect on Club, then Club may terminate this contract. In addition, during the period any salary cap is legally in effect, this contract may be terminated if, in Club’s opinion, Player is anticipated to make less of a contribution to Club’s ability to compete on the playing field than another player or players whom Club intends to sign or attempts to sign, or another player or players who is or are already on Club’s roster, and for whom Club needs room.
Second, the bonus forfeiture language that Miguel posted:
Forfeitable Breach. Any player who (i) willfully fails to report, practice or play with the result that the player’s ability to fully participate and contribute to the team is substantially undermined (for example, without limitation, holding out or leaving the squad absent a showing of extreme personal hardship); or (ii) is unavailable to the team due to conduct by him that results in his incarceration; or (iii) is unavailable to the team due to a nonfootball injury that resulted from a material breach of Paragraph 3 of his NFL Player Contract; or (iv) voluntarily retires (collectively, any “Forfeitable Breach”) may be required to forfeit signing bonus, roster bonus, option bonus and/or reporting bonus, and no other Salary, for each League Year in which a Forfeitable Breach occurs (collectively, “Forfeitable Salary Allocations”), as set forth below:
So, that's that, right?
Not quite.
There's this paragraph that precedes the one I just quoted above:
Section 9. Forfeiture of Salary: Players and Clubs may not agree upon contract provisions that authorize the Club to obtain a forfeiture of any Salary from a player except to the extent and in the circumstances provided in this Section 9. For the avoidance of doubt, Paragraph 5 Salary already earned may never be forfeited, and other Salary already earned may never be forfeited except as expressly provided herein. The maximum permitted forfeitures described below do not in any way obligate any player or Club to agree to any forfeiture.
In other words: clauses can be inserted into the player's agreement that allow bonus forfeiture, but they are not mandatory. Moreover, they can be more limited than the ones included in Section 9, but not harsher.
So it's not at all clear that the Patriots would be able to recapture that money—and they may still have to pay him more over the next two years, even if he is cut, according to Ian Rapoport.