Common use of Election of Remedies and Waiver Clause in Contracts

Election of Remedies and Waiver. This subdivision shall not be effective in any situation in which its application would be considered unlawful retaliation or reprisal. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a procedure as outlined here, the teacher shall waive the right to initiate a grievance pursuant to this Article or, if a grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived.

Election of Remedies and Waiver. This subdivision shall not be effective in any situation in which its application would be considered unlawful retaliation or reprisal. A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a procedure as outlined here, the preschool teacher shall waive the right to initiate a grievance pursuant to this Article or, if a grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived.