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ECA-ABA League 2013-14 Euroleague Agreement 130301
ECA-ABA LEAGUE 2013-14 EUROLEAGUE AGREEMENT
LUXEMBOURG, 1ST MARCH, 2013
The signers of this document hereby declare their accordance with the following:
1. Recognise the 2012-13 Euroleague Bylaws, in particular Euroleague Club Licensing Rules Article 1.m) and Article 8. Recognise that they were approved during the ECA Shareholders Meeting held on 5th July, 2012. During said meeting, other decisions were taken, in particular approving the 2013-14 Euroleague Country Ranking.
2. Recognise that the 2012-13 ABA Bylaws, in particular Article 5.7. contradict the 2012-13 Euroleague Bylaws. Recognise that they were approved unanimously during the ABA League General Assembly held on 11th September, 2012. The English Translation made by ABA of the minutes of said minute are attached as Appendix I.
3. Upon the basis of the above:
a) If at the end of the 2012-13 ABA Regular Season (26th Round) the team that is in the 1st position meets all of the B Licence Minimum Requirements according to the 2012-13 Euroleague Bylaws, applying the arena and city where they are registered to play the 2012-13 ABA League, ECA will recognise the 2012-13 ABA Final Standings as:
Champion = Winner 2012-13 ABA Final Four
Second Place = 1st Place 2012-13 ABA Regular Season (2nd Place 2012-13 ABA Regular Season in the case the same team is the Winner 2012-13 ABA Final Four)
Third Place = 2nd Place 2012-13 ABA Regular Season (3rd Place 2012-13 ABA Regular Season in the case the same team is the Winner 2012-13 ABA Final Four)
b) If at the end of the 2012-13 ABA Regular Season (26th Round) the team that is in the 1st position does not meet all of the B Licence Minimum Requirements according to the 2012-13 Euroleague Bylaws, applying the arena and city where they are registered to play the 2012-13 ABA League, ECA will recognise the 2012-13 ABA Final Standings as:
Champion = Winner 2012-13 ABA Final Four
Second Place = Finalist 2012-13 ABA Final Four
Third Place = Losing Semi-finalist 2012-13 ABA Final Four with the higher position in the 2012-13 ABA Regular Season
c) In the case that the three ABA League teams finishing as Champion, Second Place and Third Place are all from the same country, the Third Place will be assigned to the next team from a different country according to the 2012-13 ABA Final Standings.
d) All ABA League Clubs qualifying for the 2013-14 Euroleague must fulfil all minimum requirements according to the Euroleague Club Licensing Rules.
4. ABA League shall be solely responsible for, and shall indemnify on demand and hold harmless ECA and its officers, directors, shareholders, members, agents, affiliates and employees harmless from and against any and all losses, demands, claims, damages, costs and expenses (including reasonable legal costs and expenses and VAT thereon) and liabilities suffered or incurred, directly or indirectly, to the extent caused by or arising out of:
a) Any legal actions made by any of the ABA League clubs regarding the contradiction between 2012-13 Euroleague Bylaws and 2012-13 ABA Bylaws
b) Any breach by ABA League and/or any of the ABA League clubs of any provision of this Agreement
c) Any negligence or wilful default of ABA League, its officers, directors, agents, subcontractors or employees
5. ABA League commit to making modifications so that the 2013-14 ABA Bylaws do not include any contradictions with the 2013-14 Euroleague Bylaws, which will be approved in an ECA Shareholders Meeting to be held in July 2013.
6. This document constitutes a complete agreement applicable only for the 2013-14 Euroleague season and the validity is subject to the execution of all of the previous points mentioned above.
The Signers:
ABA Sidro d.o.o. Euroleague Commercial Assets S.A.
By: Mr. Radovan Lorbek By. Mr. Jordi Bertomeu