would presume that the contract you present to the league has to specifically state what exception you're using
I believe that this is correct.
But what if you are under the tax at the time of signing someone to a portion of the MLE? Do you have to declare tax or non tax a that time? It is kind of double jeopardy. If you declare non-Tax, and that can't change, you are hard capped even though you may have only used $5M of the MLE. If you declare Tax MLE, I guess no hard cap but then no S&T. And could you even declare the Tax MLE if you aren't in fact over the tax at that time? The way this reads, I don't think so. Kind of dammed if you do, dammed if you don't.
Anyway, it appears the easy work around is to just have Schroder wait a bit. I don't think we are doing a sign and trade at this point anyway. And we may or may not get under the tax with subsequent deals. In a way it seems better if we aren't under when we sign Schroder. If we are under when we sign Schroder, even if it is below the Tax MLE limit, we would become hard capped because the league would take this as using a portion the non-Tax MLE, correct? If we are over, the exact same value would be taken as Tax MLE and no hard cap, correct?
If we do the latter, we could get back under the tax apron level later (and delay the tax clock for another season), at least I think, or decide to go big and go even more over the tax with a trade if we want. The only thing we couldn't do is a S&T.