Preview: Sporting Agreement No. 50

On-going negotiations - Doug Pensinger

The below represents the conclusion of negotiations to perform under a 2014 Master Sporting Agreement between Mile High Hockey (USA) Inc. on behalf of The Colorado Avalanche and The Florida Panthers. The parties have agreed to the following:

Mile High Hockey™ Contracts Office

2014 MASTER SPORTING AGREEMENT

dated as of 24 January 2014 between

Mile High Hockey (USA) Inc. (herein, “the Blog” or “MHH”) acting its full capacity as blogger and previewing agent for The Colorado Avalanche (herein, "Party A" or “Avs”)

and

The Florida Panthers (herein, "Party B" or “1996 Stanley Cup Runners Up”)

WHEREAS it is understood that both parties hereby agree to enter into a Master Sporting Agreement (herein, the “contract” or “agreement”), taking full account, with full understanding, of the nature of the contract and responsibilities therein. Each of parties hereby agrees that, regardless of the outcome, due to prior events occurring between June 4th, 1996, and June 10th, 1996, Party B will be understood as the loser, ad perpetuum, in any current or future contract between Party A and Party B.

Accordingly, the parties agree as follows:

1. Definitions

(a) Hockey. This term has the full meaning of the type of performance required under the agreement. The term “Hockey” means the performance under a Master Sporting Agreement understood to have the same definition as an industry-wide term, unless, of course, one Party to the Agreement is the Minnesota Wild.

2. Terms of the Agreement

(a) General Conditions.

(i) Each party consents to perform all duties under the agreement. Each party agrees that the Master Sporting Agreement will have effect (both positive and/or negative) on each Party with regard to their Authorized Persons and the possibility of their business activities extending beyond April 13th, 2014.

(ii) Payment on conclusion of the contract will be in the form of “points” that may be used by any such party according Generally Accepted Hockey Principles (“GAHP’) and such “points” will be reflected immediately at the conclusion of the contract.

(iii) The Parties agree that performance of the obligations hereunder shall be performed in Miami, Florida, USA, at a “litter box” of Party B’s selection. The performance period will commence at 7:30 Eastern Standard Time (a/k/a “The Only Time Zone That Matters”) on January 24, 2014, and the performance period will end approximately 120 minutes after the start of performance. There shall be additional time allotted for performance, if necessary, according to GAHP.

(b) Change of Cities. Party B may not relocate to a different city at any point during the existence of the contact. Failure to comply with section 2(b) may result in forfeiture and subsequent punishment from the “League.”

(c) Authorized Persons:

(i) Party A*:

McGinn – Duchene – O’Reilly

Tanguay – Stastny – Landeskog

Talbot – MacKinnon – Parenteau

McLeod – Mitchell – Bordeleau

Hejda-Johnson

Holden-Barrie

Guenin-Benoit

Varlamov

(ii) Party B**:

Fleischmann –Bjugstad – Upshall

Bergenheim – Barkov – Boyes

Huberdeau – Goc – Winchester

Matthias – Shore – Barch

Campbell – Gilbert

Gudbranson – Jovanovski

Kulikov – Weaver

Thomas

* Authorized Persons for Party A and the order of such Authorize Persons is subject to change at any point prior to the start of performance under the contract and, further, is subject to change during and up to completion of performance under the contract.

** Authorized Persons for Party B is subject to change at any point prior to the start of performance. Notwithstanding the foregoing, additional Authorized Persons for Party B may be added at any point via unnecessary and excessive overpayment of currently non-affiliated, formerly successful, personnel.

(d) Historical Volatility of Performance:

(i) Party A, for the transaction period of October 1, 2013 to January 23rd, 2014:

Overall Performance for the Period: 31 – 13 – 5

Cross-Region Performance for the Period: 12 – 4 – 1

(ii) Party B, for the transaction period of October 1, 2013 to January 23rd, 2014:

Overall Performance for the Period: 20 – 23 – 7

Cross-Region Performance for the Period: 7 – 9 – 3

(e) [RESERVED]

(f) Additional Terms:

(i) The Parties represent, and such representations will be deemed to be continuing, for the extent of the contract that certain uniforms must be worn during the performance period and such uniforms may contain details that violate the laws of nature, including but not limited to “piping.”

(ii) Force Majeure Event (“Acts of God”): In the event of an occurrence that can be classified as a Force Majeure event, neither party shall be liable and it is understood that no party shall be held in breach of the agreement for failure to perform; such event may include hurricanes, avalanches, riots, political unrest, and waking up in detroit. Further, it is understood that a “Force Majeure” event shall not include any physical contact from the Authorized Person “Bordeleau.” For clarity and to avoid any anticipated confusion, it is also understood that an “Act of God” shall not include any action by “Patrick Roy” or “Joe Sakic.”

(iii) The “In Lou We Trust Clause” shall apply to both Party A and B, whereby: the use of the word “fuck” is not permitted during any correspondence or commentary with regard to performance by either party to the agreement.

(g) Waiver of Liability. Party A and Party B agree to waive all liability against MHH for any personal, professional, or emotional consequences that come as a result of and for the duration of this contract. Further, and for the avoidance of doubt, any long-term outcomes, including but not limited to nicknames, monikers, eponyms, and memes, that may arise as a result of the agreement are understood to have arisen organically as an off-product of the agreement and MHH shall have no liability for such outcomes.

(h) Agent Representation. MHH hereby represents to Party B that in performance of the contract it is acting solely in its capacity as previewing agent and blog for an on behalf of Party A. It is understood that MHH performs many duties in many capacities for Party A including, but not limited to, marketing, advertising, research, design, social media, public relations, and alcohol consumption. It is understood, and such understanding will be deemed continuing by Party A and Party B, that the obligations of MHH under this contract extend only to previewing and no other obligations are required. Performance of any other kind on behalf of Party A will be considered incidental and such performance is not covered by this agreement.

NOTWITHSTANDING THE FOREGOING, the Parties agree that prior to the start of performance and continuing through and up to the completion of performance, there will be a series of Appendices. These Appendices will come in the form of “Game Day Threads” or “GDTs”. These Appendices are understood to amend the agreement and all the rights, duties, obligations, representations, and waivers of liabilities included in this Master Sporting Agreement, dated January 24, 2014, shall extend to the Appendices.

IN WITNESS WHEREOF the parties have executed this document on the respective dates specified below with effect from the date specified on the first page of this document.

The Colorado Avalanche (“Party A”)in its individual capacity

By:___________________________

Name:

Title:

Date:

Mile High Hockey (USA) Inc. acting its full capacity as blogger and previewing agent for The Colorado Avalanche

By:___________________________

Name:

Title:

Date:

The Florida Panthers (“Party B”)

By:___________________________

Name:

Title:

Date:

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