(b) Group 4 Free Agents.
(i) Definition of "Defected Player." For purposes of this Agreement, "Defected Player" means any Player not unconditionally released:
(A) who, having had an SPC with a Club, the provisions of which have not been completely fulfilled, contracts for a period including any part of the unfulfilled portion of his SPC, with a club in a league not affiliated with the NHL or with any such league (both of which are hereinafter referred to as an "unaffiliated club") or with any other professional hockey club to the exclusion of the said Club or its assignee; or
(B) who, never having been under contract to any Club, but as to who the NHL negotiation rights now or at any time hereafter shall reside in any Club, has contracted or shall contract with such an unaffiliated club.
(C) A Player who plays out his final season and enters into a contract for a period including the following season with an unaffiliated club or with any other professional hockey club shall not be deemed to be a "Defected Player"; provided, however, that nothing contained in this Section shall be construed to affect the rights of said Club to compensation, if applicable, pursuant to this Article 10 in the event that said Player should subsequently enter into an SPC for his services as a professional hockey player with another Club of the NHL.
(ii) Free Agent Status.
(A) Any such Defected Player shall be deemed to have become a free agent within the meaning of this Agreement, when one of the following conditions (1), (2), (3), (4) or (5) and condition (6) have occurred.
(1) the Player, having become a Defected Player pursuant to Section 10.2(b)(i)(A), has become free of any obligation to such unaffiliated club(s) or such other professional hockey club(s) during the playing season by reason of its default or the dissolution of its league and has not, prior to fourteen (14) days thereafter, entered into a valid SPC for a period which includes the current and/or following season, for his services as a professional hockey player with the Club with which he was last under SPC; or
(2) the Player, having become a Defected Player pursuant to Section 10.2(b)(i)(A), has become free of any obligation to such unaffiliated club(s) or such other professional hockey club(s) during the off season and has not, prior to sixty (60) days thereafter, entered into a valid SPC for a period which includes the current and/or following season for his services as a professional hockey player with the Club with which he was last under SPC; or
(3) the Player, having become a Defected Player pursuant to Section 10.2(b)(i)(B) and having played no more than two (2) full seasons with an unaffiliated club(s), has become free of any obligation to such unaffiliated club(s) during the playing season by reason of its default or the dissolution of its league and has not, prior to fourteen (14) days thereafter, entered into a valid SPC for a period which includes the current and/or following season for his services as a professional hockey player with the Club which last had the NHL rights to negotiate with such Player; or
(4) the Player, having become a Defected Player pursuant to Section 10.2(b)(i)(B), and having played no more than two (2) full seasons with an unaffiliated club(s), has become free of any obligation to such unaffiliated club(s) during the off season and has not, prior to thirty days thereafter, entered into a valid SPC for a period which includes the current and/or following season for his services as a professional hockey player with the Club which last had the NHL rights to negotiate with such Player; or
(5) the Player, having become a Defected Player pursuant to Section 10.2(b)(i)(B) and having played more than two (2) full seasons with an unaffiliated club(s), has become free of any obligation to such unaffiliated club(s); and
(6) the Commissioner makes a determination (which shall be made as promptly as feasible) that he has reason to believe that the conditions described in subparagraphs (1), (2), (3), (4) or (5) have occurred, that he has ascertained the date upon which such Player became free of obligation, and that the Player falls within category (A) or (B) of Section 10.2(b)(i) above, by placing such a Player's name on theFree Agent List (Defected Players) issued as of such time or any amendment of such List, which List, except for the date thereof and except for its application to Defected Players, as defined herein, shall otherwise be issued substantially in accordance with Exhibit 3.
(B) Upon the occurrence of the conditions prescribed by subparagraphs (1), (2) and (3) of Section 10.2(b)(ii)(A), the provisions of this Article 10, as applicable, shall then apply to any such Defected Player as if he had become a free agent at the expiration of his SPC, including, without limitation, the rights and obligations which would be imposed or conferred by the provisions of Sections 10.3 through 10.4 upon a Club signing such a Player and upon a Club with whom a free agent was last under SPC or who owned the NHL rights to negotiate with such Player.
(C) When the Commissioner places such a Player's name on the Free Agent List it shall bear an appropriate notation that the Player has contracted with a club in an unaffiliated league or with any other professional hockey club and that the placing of such a Player's name on the Free Agent List does not constitute any representation that he has fulfilled or will fulfill his obligation to the unaffiliated club or other professional hockey club prior to the commencement of the next season.
(iii) If the Club with which any Player covered by Section 10.2(b)(i) was last under SPC or which owned the NHL rights to negotiate with such Player has properly transferred or assigned or properly transfers or assigns those rights to another Club, then all rights and obligations conferred by this Article 10 upon the Club with which such Player was last under SPC (or, as provided by Section 10.2(b)(i)(C) and Section 10.2(b)(ii), the Club which owned the NHL rights to negotiate with such Player) shall be deemed to have been assumed and acquired thereby by such other Club.