In a surprising twist, this appears not to be the case with the five-year, $40-million extension signed by New England Patriots tight end Aaron Hernandez in August of 2012. Upon close reading of his contract language -- and after confirming the development with an expert -- the "failure to perform" or "failure to practice" clause that appears in similar Patriots extensions is not present. This means Hernandez might be able to keep nearly $2.5 million of the deal, even if legal troubles prevented him from taking the field.