Common use of LIMITATION OF MATTERS SUBJECT TO GRIEVANCE AND ARBITRATION Clause in Contracts

LIMITATION OF MATTERS SUBJECT TO GRIEVANCE AND ARBITRATION. 1. Except as otherwise provided in this Basic Agreement, disputes under individual employment agreements, loan-out agreements or under purchase agreements with professional writers, involving: a. Company's rights of suspension and termination, b. Company's right to seek or obtain injunctive relief or specific performance, c. any of the warranties or grants of rights made by the writer, or d. any of the rights of the Company to any literary material, shall not be subject to grievance or arbitration (except as provided to the contrary in Article 16), and the Company reserves all of its legal and equitable rights and remedies with respect thereto. Any decision in grievance or award in arbitration purporting to determine or affect any of the aforementioned matters shall, to that extent, be of no force or effect whatsoever; provided, however, that if the Company asserts in any grievance or arbitration any defense or cross-claim involving or based upon the alleged exercise of a right 1 Articles 10.A.5. and 11.A.9. replace Article 13.C. of the 1973 Basic Agreement. of suspension or termination, the same shall be determined in such grievance and arbitration proceeding. 2. The grievance committee and the arbitrator shall have jurisdiction to determine only such disputes as are submitted for grievance or arbitration under this Basic Agreement, subject to the limitations upon the powers of said grievance committee and arbitrator under this Basic Agreement. Neither the grievance committee nor the arbitrator shall have the power or jurisdiction to reform, amend or extend the express terms and provisions of this Basic Agreement or of any employment agreement, loan-out agreement or purchase agreement.

LIMITATION OF MATTERS SUBJECT TO GRIEVANCE AND ARBITRATION. 1. Except as otherwise provided in this Basic Agreement, disputes under individual employment agreements, loan-out agreements or under purchase agreements with professional writers, involving: a. Company's rights of suspension and termination, b. Company's right to seek or obtain injunctive relief or specific performance, c. any of the warranties or grants of rights made by the writer, or d. any of the rights of the Company to any literary material, shall not be subject to grievance or arbitration (except as provided to the contrary in Article 16), and the Company reserves all of its legal and equitable rights and remedies with respect thereto. Any decision in grievance or award in arbitration purporting to determine or affect any of the aforementioned matters shall, to that extent, be of no force or effect whatsoever; provided, however, that if the Company asserts in any grievance or arbitration any defense or cross-claim involving or based upon the alleged exercise of a right 1 Articles 10.A.5. and 11.A.9. replace Article 13.C. of the 1973 Basic Agreement. of suspension or termination, the same shall be determined in such grievance and arbitration proceeding. 2. The grievance committee and the arbitrator shall have jurisdiction to determine only such disputes as are submitted for grievance or arbitration under this Basic Agreement, subject to the limitations upon the powers of said grievance committee and arbitrator under this Basic Agreement. Neither the grievance committee nor the arbitrator shall have the power or jurisdiction to reform, amend or extend the express terms and provisions of this Basic Agreement or of any employment agreement, loan-out agreement or purchase agreement.