Martin Magid, agent for Elvis Dumervil, and the Broncos were working on a new deal ahead of a 4 p.m. ET deadline to file a restructured deal, or Denver would cut the pass rusher rather than pay him $12 million this season. The Broncos told reporters they were forced to file termination papers on Dumervil because, ultimately, they didn't get the signed contract returned via fax until 4:06 ET.
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Magid said the Broncos changed the language regarding Dumervil's 2014 salary, withdrawing a full guarantee on the deal an hour before the deadline and that he didn't receive the actual contract until 3:42 ET. At that point, he had to scan and send it to Dumervil, who was in Florida, for him to sign and send back to the team, which already created a time crunch. The deal would have lowered Dumervil's 2013 salary from $12 million to $8 million.
"They changed the deal, and my client needed time to digest it," Magid said, "I needed to read over the language, and then get it to him, and, because they changed the terms, Elvis, obviously, would want to read it before signing it.
"Elvis has a timestamp at 3:53, 3:54 of him faxing it back. They had him fax it to two different numbers. He was sending it in, and then at 3:55 I get a call on the other line and the Broncos are telling me they're running out of time and they have to get the paperwork to New York [the league office, to file his release by the waiver deadline], so I told them, 'It's going through the fax right now, but I guess you have to do whatever you have to do.'"
Magid said Dumervil took pictures, with a time stamp, of the fax being sent prior to 4 p.m. The Broncos said they did not receive the fax until 4:06 p.m. Magid said he and Dumervil had no control over how long it took and he did not know what time it reached Denver.
"Unfortunately for them and us, it didn't go the way we hoped it would," Magid said.
Broncos vice president John Elway released a statement defending the club's timing and decision.
Magid said in the hours after the fax fiasco he had not heard from the Broncos and was unsure if a return there was in the cards. He did, however, start to field calls from other teams with Dumervil now a free agent.
"We haven't talked yet, but I think we all needed to take a deep breath and then we'll see where it goes,'" Magid said. "Unfortunately, it didn't work out the way we wanted, but everything happens for a reason and it's not like this anybody's fault. This wasn't just a case of an agent taking too long to send something. It's not anyone's fault, but Elvis is a free agent now and we'll see how that process plays out."