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Signing Gilmore and paying him $40m GTD while leaving him out there earning peanuts was always going to create resentment, he's never playing for the Pats at the tender number if he doesn't get traded he'll hold out until mid season until the deadline where he still gets a credited season.
Didn't the latest CBA do away with all that? IIRC a player now has to show up for work 30 days before the first game to tally their accrued season. (What I'm not sure about is the deadline for signing a RFA tender.)