Resort to Other Procedures - Election of Remedies Sample Clauses

Resort to Other Procedures - Election of Remedies. 1. A teacher who is notified of a charge of suspension, demotion, or dismissal, at the option of the teacher, shall have access to the procedure set forth therein, or shall have the right to file a grievance after adverse action by the Board. If the teacher chooses to contest the charges, the teacher must within ten (10) days after being notified of the charges (as provided in the Tenure Law) elect in writing, by registered mail, to the Superintendent and VTO President, to proceed under the Tenure Law to a full hearing before the Board, or to utilize the grievance procedure provided herein, after adverse action by the Board.
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Resort to Other Procedures - Election of Remedies. 1. A teacher who is notified of a charge of suspension, or dismissal, at the option of the teacher, shall have access to the procedure set forth therein, or shall have the right to file a grievance after adverse action by the Board. If the teacher chooses to contest the charges, the teacher must within ten (10) days after being notified of the charges (as provided in the Tenure Law, set out in Appendix I) elect in writing, by registered mail, to the Superintendent and VTO President, to proceed under the Tenure Law to a full hearing before the Board, or to file the grievance within ten (10) days in accordance with the procedure provided herein, after adverse action by the Board. Said grievance shall commence at step 3.
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Resort to Other Procedures - Election of Remedies. 1. A teacher who is notified of a charge of suspension, or dismissal, at the option of the teacher, shall have access to the procedure set forth therein, or shall have the right to file a grievance after adverse action by the Board. If the teacher chooses to contest the charges before the board, the teacher must within ten (10) days after being notified of the charges (as provided in the Tenure Law, set out in Appendix I) elect in writing, by registered mail, to the Superintendent and union President, to proceed under the Tenure Law to a full hearing before the Board. If the teacher chooses to utilize the grievance process he/she, shall file the grievance within ten (10) days in accordance with the procedure provided herein, after adverse action by the Board. Said grievance shall commence at step 3.
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Resort to Other Procedures - Election of Remedies. An employee covered by this agreement who is notified of a charge of misconduct resulting in the termination or unpaid suspension of that employee may appeal the termination and/or suspension through the grievance process in this article after adverse action by the Board. The employee shall notify the Superintendent of the appeal within ten (10) days after receiving notice of the decision by the Board. If prior to seeking resolution of a dispute of any matter by filing a grievance hereunder, or while the grievance is in progress, a employee seeks resolution of the dispute in another forum, whether administrative or judicial, or before the resolution of the dispute in another forum, whether administrative or judicial, or before the Board but under a different procedure (including the procedure provided by Florida Statute, Chapter 120) the Board shall have no obligation to entertain or proceed further with the matter pursuant to the grievance procedure. Further, if a matter is pending before an arbitrator appointed in accordance with the grievance procedure, then the arbitrator is deprived of jurisdiction by the employee seeking resolution in another forum or before the Board under a different procedure. A non-reappointment shall not be subject to the grievance or arbitration provision contained herein.
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Resort to Other Procedures - Election of Remedies. An employee covered by this agreement who is notified of a charge of misconduct resulting in the termination or unpaid suspension of that employee may appeal the termination and/or suspension through the grievance process in this article after adverse action by the Board. The employee shall notify the Superintendent of the appeal within fifteen (15) days after receiving notice of the decision by the Board.
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Related to Resort to Other Procedures - Election of Remedies

  • Election of Remedies If Agent or any Lender may, under applicable law, proceed to realize its benefits under any of the Loan Documents giving Agent or such Lender a Lien upon any Collateral, whether owned by any Borrower or by any other Person, either by judicial foreclosure or by non-judicial sale or enforcement, Agent or any Lender may, at its sole option, determine which of its remedies or rights it may pursue without affecting any of its rights and remedies under this Section 12. If, in the exercise of any of its rights and remedies, Agent or any Lender shall forfeit any of its rights or remedies, including its right to enter a deficiency judgment against any Borrower or any other Person, whether because of any applicable laws pertaining to “election of remedies” or the like, each Borrower hereby consents to such action by Agent or such Lender and waives any claim based upon such action, even if such action by Agent or such Lender shall result in a full or partial loss of any rights of subrogation that each Borrower might otherwise have had but for such action by Agent or such Lender. Any election of remedies that results in the denial or impairment of the right of Agent or any Lender to seek a deficiency judgment against any Borrower shall not impair any other Borrower’s obligation to pay the full amount of the Obligations. In the event Agent or any Lender shall bid at any foreclosure or trustee’s sale or at any private sale permitted by law or the Loan Documents, Agent or such Lender may bid all or less than the amount of the Obligations and the amount of such bid need not be paid by Agent or such Lender but shall be credited against the Obligations. The amount of the successful bid at any such sale, whether Agent, Lender or any other party is the successful bidder, shall be conclusively deemed to be the fair market value of the Collateral and the difference between such bid amount and the remaining balance of the Obligations shall be conclusively deemed to be the amount of the Obligations guaranteed under this Section 12, notwithstanding that any present or future law or court decision or ruling may have the effect of reducing the amount of any deficiency claim to which Agent or any Lender might otherwise be entitled but for such bidding at any such sale.

  • Cumulation of Remedies All of the various rights, options, elections, powers and remedies of the parties shall be construed as cumulative, and no one of them exclusive of any other or of any other legal or equitable remedy which a party might otherwise have in the event of a breach or default of any condition, covenant or term by the other party. The exercise of any single right, option, election, power or remedy shall not, in any way, impair any other right, option, election, power or remedy until all duties and obligations imposed shall have been fully performed.

  • 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 any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another forum as outlined herein, the employee shall 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 Remedy The parties acknowledge that the facts and circumstances which form the basis of a grievance may also form the basis of claims which may be asserted by an individual employee in other forums. The purpose of this section is to establish limitations on the right of the Union to pursue a grievance in such situations.

  • Limitation of Remedies The Credit Enhancement Provider shall not have the right to cause the Loan or any portion thereof to become due and payable prior to the due date for the Loan as set forth herein.

  • Preservation of Remedies No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default.

  • Waiver of Remedies No delay or failure on the part of the Administrative Agent or any other Guarantied Party in the exercise of any right or remedy it may have against any Guarantor hereunder or otherwise shall operate as a waiver thereof, and no single or partial exercise by the Administrative Agent or any other Guarantied Party of any such right or remedy shall preclude any other or further exercise thereof or the exercise of any other such right or remedy.

  • Limitation of Remedy The only remedy that the Taxpayer shall have in the event of breach or alleged breach by GO-Biz, shall be the normal administrative and judicial rights accorded to a taxpayer in the state of California who has been denied a tax credit claimed on their return.

  • Limitations on Remedies 7.1 IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF THE TEKNI-PLEX COMPANIES OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY, WHETHER BASED ON BREACH OF CONTRACT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER AS PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF A CLAIM OR SERIES OF RELATED CLAIMS. IN NO EVENT WHATSOEVER SHALL SELLER OR ANY OF ITS EMPLOYEES, AGENTS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING FROM OR RELATING TO ANY INJURY TO PERSONS; LOSS OF VALUE OR USE (INCLUDING WITHOUT LIMITATION, DIMINUTION IN VALUE OR STIGMA DAMAGES); LOSS OF ANTICIPATED REVENUE OR PROFIT; COST OF CAPITAL; DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT; CLAIMS MADE BY END-USERS; OR COST OF SUBSTITUTE SUPPLIES, FACILITIES OR SERVICES.

  • Restoration of Rights and Remedies If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceeding, the Company, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding had been instituted.

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