DGR Circumvention. In the event that a Club or anyone acting on its behalf materially fails to report, or materially mis-reports, Defined Gross Revenues or non-DGR in a manner designed to serve the purpose of defeating or circumventing the intention of the parties as reflected by the provisions of this Agreement with respect to Defined Gross Revenues, Class Counsel, any Players Union and/or the AFL shall have the right to initiate a proceeding before the System Arbitrator to determine whether such conduct is in vio lation of this Section 8 of this Article. In the event that the System Arbitrator finds a violation of this Section 8, the System Arbitrator may impose a fine upon the Club of up to $1 million, which shall be donated to any AFL player pension fund, any other AFL player benefit fund, or any charitable fund for the benefit of present or former AFL players, as selected by Class Counsel, subject to the reasonable approval of the AFL.
