Common use of Ordering of Remedies and Waiver Clause in Contracts

Ordering of Remedies and Waiver. a. 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 proceeding in another forum as outlined in this Agreement, the right to initiate a grievance pursuant to this article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. b. This section shall not apply to actions to compel arbitration as provided in the Agreement or to enforce the award of an arbitrator.