Exclusion of Remedies. In the event a member of the bargaining unit commences a proceeding in any state or federal court or administrative agency against the Board of Education and/or Administration, such remedy shall be exclusive and the said member shall be barred from invoking any remedy by this grievance procedure arising out of the same facts or circumstances as those giving rise to other proceedings.
Exclusion of Remedies. In the event a grievant commences a proceeding in any state or federal court or administrative agency against the Board and/or Administration, charging the Board and/or Administration with an alleged violation of this Agreement, such remedy shall be exclusive and said grievant shall be barred from invoking any remedy by this grievance procedure while pursuing a remedy in another jurisdiction. Upon being knowledgeable of the decision by another jurisdiction, the grievant has the right to reinstate the grievance within (10) days.
Exclusion of Remedies. In the event a member of the bargaining unit commences a proceeding in any state or federal court or administrative agency against the Board of Education and/or Administration, charging the Board and/or Administration with an alleged violation of this Agreement, such remedy shall be exclusive and the said member shall be barred from invoking any remedy by this grievance procedure while pursuing a remedy in another jurisdiction. If another jurisdiction is selected after a grievance has been initiated, then the timeliness in the Grievance Procedure will be frozen until a decision has been rendered in the other jurisdiction. Upon being knowledgeable of the decision, the grievant has the right to reinstitute the grievance within ten (10) days.
Exclusion of Remedies. The Association agrees to strongly urge its members to make full use of the Grievance Procedure on matters concerning items in this agreement before seeking relief from higher agencies or courts.
Exclusion of Remedies. In the event a member of the bargaining unit commences a proceeding in any state or federal court or administrative agency against the School, charging the School with an alleged violation of this Agreement, such remedy shall be exclusive, and the said member shall be barred from invoking any remedy by this grievance procedure. Upon being informed as to the decision of a proceeding processed by any state or federal court or administrative agency, the affected employee shall then retain their right to file a grievance or to pursue a previously filed grievance that has been held in abeyance, within ten (10) days of such notification date if he/she is not satisfied with the decision.
Exclusion of Remedies. Except as provided otherwise herein, no Party shall be entitled (i) to set-off (aufrechnen) any rights and claims it may have against any rights or claims any other Party may have under this Agreement, or (ii) to refuse to perform any obligation it may have under this Agreement on the grounds of a right of retention (Zuruckbehaltungsrecht), unless the rights or claims of the relevant Party claiming a right of set-off (Aufrechnung) or retention (Zuruckbehaltung) have been acknowledged (anerkannt) in writing by the relevant other Party or have been confirmed by final decision of a competent court.
Exclusion of Remedies. The Sellers shall not be liable, and the Purchaser shall not be entitled to bring any respective claim under or in connection with this Agreement, if and to the extent that
Exclusion of Remedies. In the event a member of the bargaining unit commences a proceeding in any state or federal court or administrative agency against the Board and/or Administration charging the Board and/or Administration with an alleged violation of this Agreement, such remedy shall be exclusive and the said members shall be barred from invoking and proceeding with any remedy by this Grievance Procedure while the alleged violation is pending before any state or federal court or administration agency. While the alleged grievance is pending before the court or administrative agency, the grievance procedure time limits shall be held in abeyance.
Exclusion of Remedies. EXCEPT WITH RESPECT TO BREACHES OF SECTIONS 2.2, , AND 5, THE INDEMNIFICATION PROVISIONS IN SECTION 16, PROPRIETARY RIGHTS IN SECTION 11, CONFIDENTIALITY PROVISIONS IN SECTION 11.3, AND USER DATA PROVISIONS IN SECTION 12 HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
Exclusion of Remedies. The indemnification provided for under --------------------- Section 7.03 of the Securities Purchase Agreement shall be the Holders' sole remedy for breach by the Company of any representation, warranty or covenant of the Company under this Warrant to the exclusion of any other remedy at law or equity (including recission but excluding injunctive relief).
