ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER Sample Clauses

ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER. 1. Nothing herein shall be construed to prevent either party from seeking redress through such administrative or judicial remedies provided under state or federal law for the purposes of enforcing the provisions of this Agreement except as provided below. 2. In the event that a teacher is disciplined, reprimanded, reduced in compensation, suspended, non-renewed, whose contract is terminated as defined in Sections 20-4-204 or 20-4-206 MCA, dismissed as defined in Section 20-4-207 MCA, laid off or recalled as defined in Article 8(K); or other District action is taken within the meaning of Article 6(C), or Article 4(A), the teacher and his/her representative, the Association, together and as one, shall have the right to pursue either statutory or contractual grievance procedure rights and remedies, but not both. In the event that the teacher and the Association, or either one alone, formally initiate any judicial or administrative procedure against the Board, based upon statutory law or otherwise, it is expressly agreed by the teacher and the Association that contractual grievance procedures contained in Article 5 are forever waived, shall not apply, and shall have no force or effect. In the event that the contractual grievance procedure is initiated, the signed grievance shall contain an acknowledgment that all statutory procedures, rights, and remedies are expressly waived.
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ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER. In the event that the employee formally initiates any statutory judicial procedures against the District, it is expressly agreed by the employee that all contractual grievance procedures contained in the contract are forever waived, shall not apply and shall have no force or effect. The employee waives his rights for Union representation when taking this action and holds the Union harmless. The Union is released of its obligations to represent such employee.
ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER. 19.1 - Waiver

Related to ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES AND WAIVER

  • Application of Agreement If the Company has secured work outside of the County of Cumberland, an employee whom normally works within the County of Cumberland: i) Will be paid at the rates outlined in this agreement if specifically requested by the Company to work on that site. ii) May be offered work at that location at the rates that apply for that area and if applicable, taking into account clause 27, Distant Work. iii) May determine that redundancy would be more appropriate. Where there is any inconsistency between this Agreement and the Parent Award, the Agreement shall prevail to the extent of the inconsistency.

  • Submission of Agreement Submission of this Lease to Tenant for signature does not constitute a reservation of space or an option to acquire a right of entry. This Lease is not binding or effective until execution by and delivery to both Landlord and Tenant.

  • Waiver of Statutory Provisions The provisions of this Lease, including this Article 11, constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, the Building or the Project, and any statute or regulation of the State of California, including, without limitation, Sections 1932(2) and 1933(4) of the California Civil Code, with respect to any rights or obligations concerning damage or destruction in the absence of an express agreement between the parties, and any other statute or regulation, now or hereafter in effect, shall have no application to this Lease or any damage or destruction to all or any part of the Premises, the Building or the Project.

  • Authorization of Agreement This Agreement has been duly authorized, executed and delivered by the Company.

  • Confirmation of Agreement Except as amended hereby, the Custody Agreement is in full force and effect and as so amended is hereby ratified, approved and confirmed by the Customer and the Bank in all respects.

  • Waiver of Statutory Rights To the extent permitted by law, Mortgagor hereby agrees that it shall not and will not apply for or avail itself of any appraisement, valuation, stay, extension or exemption laws, or any so-called “Moratorium Laws,” now existing or hereafter enacted, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, but hereby waives the benefit of such laws. Mortgagor for itself and all who may claim through or under it waives any and all right to have the property and estates comprising the Property marshalled upon any foreclosure of the lien hereof and agrees that any court having jurisdiction to foreclose such lien may order the Property sold as an entirety. Mortgagor hereby waives any and all rights of redemption from sale under any judgment of foreclosure of this Mortgage on behalf of Mortgagor and on behalf of each and every person acquiring any interest in or title to the Property of any nature whatsoever, subsequent to the date of this Mortgage. The foregoing waiver of right of redemption is made pursuant to the provisions of applicable law.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

  • Authorization of Agreement, Etc The Borrower has the right and power, and has taken all necessary action to authorize it, to borrow and obtain other extensions of credit hereunder. The Borrower and each other Loan Party has the right and power, and has taken all necessary action to authorize it, to execute, deliver and perform each of the Loan Documents to which it is a party in accordance with their respective terms and to consummate the transactions contemplated hereby and thereby. The Loan Documents to which the Borrower or any other Loan Party is a party have been duly executed and delivered by the duly authorized officers of such Person and each is a legal, valid and binding obligation of such Person enforceable against such Person in accordance with its respective terms except as the same may be limited by bankruptcy, insolvency, and other similar laws affecting the rights of creditors generally and the availability of equitable remedies for the enforcement of certain obligations (other than the payment of principal) contained herein or therein may be limited by equitable principles generally.

  • Application and Operation of Agreement Table Of Contents

  • Authorization of Agreements The execution and delivery of this Amendment and the performance of the Amended Agreement have been duly authorized by all necessary corporate action on the part of Company.

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