Common use of Election of Remedies and Waiver Clause in Contracts

Election of Remedies and Waiver. 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 his/her 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. This section shall not apply to actions to compel arbitration as provided in this agreement or to enforce the award of an arbitrator.

Election of Remedies and Waiver. A party instituting any action, proceeding proceeding, or complaint in a federal or state court of law, 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 agreementAgreement, shall immediately thereupon waive his/her right any and all rights to initiate pursue a grievance pursuant to under this article Article, or, if the grievance is pending in the grievance procedureprocedures, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this agreement the Agreement or to enforce the award of an arbitrator.

Election of Remedies and Waiver. A party instituting who institutes any action, proceeding or complaint in a federal or state court of law, federal 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 agreementAgreement, shall immediately thereupon waive his/her right any and all rights to initiate pursue a grievance pursuant to under this article or, if the Article. If a grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section Section shall not apply to actions to compel arbitration as provided in this agreement Agreement or to enforce the award of an arbitrator.