He may be non-tendered. I think you can't submit an offer more than 20% below the previous salary. That puts the Cubs on the hook for at least $2.8 million in 2008. With no guarantee that he'll pitch. What I am more unclear about is whether his service time is stopped when he is on the DL but on the 40-man. But I don't think he'd be eligible for free-agency until after 2009. he's in AAA, so he's not accumulating service time. he'll be under the cubs' control until 2009 now instead of 2008. I'm not sure about this, but: If they want to maintain control over him, they have to tender him a pretty significant contract. If they don't tender, he will then be a free agent. They can negotiate a contract prior to non-tendering him. The problem would be if Prior feels the Cubs are at fault for his injuries. He could call their bluff and force his way out. But assuming he doesn't hold a grudge against the team, Prior might for for an incentive laden contract that keeps the Cubs happy (and in control of him) with minimal guaranteed money, but high incentives for starts made. Something like $500k, with up to $10m in incentives if he starts 32 games.