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 Master Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this attachment. Upon instituting a proceeding in another forum as outlined in this Master Agreement, the grievant(s) shall waive the right to initiate a grievance pursuant to this attachment, 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 Master Agreement or to enforce the award of an arbitrator or to restrict a grievant’s(s’) or the District’s legal rights at the conclusion of the grievance procedure.