Election of remedies definition

Election of remedies means a teacher who has right to pursue his/her complaint under the Veterans Preference Act, or the Michigan Civil Rights Act, shall not be allowed to process a grievance with respect to such a matter, if the teacher elects to have the matter resolved in accordance with the law as enumerated above.
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Examples of Election of remedies in a sentence

  • Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870.

  • Election of remedies The bureau may not conduct an administrative adjudication proceeding for an alleged violation of this Code where the requested remedy is a punishment of imprisonment; provided, however, where a violation of the code is punishable by fines and other penalties in addition to imprisonment, the city may elect to institute an action with the bureau and thereby waive any imprisonment for the violation.

  • Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.

  • Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870 et.

  • Election of remedies doctrine prevents a plaintiff that has elected a remedy from asserting a subsequent, inconsistent remedy.

  • Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659.095 and 659.121.

  • Election of remedies was an issue in the Board proceedings, but not on appeal.

  • Jacek argues that because Minor elected to pursue his contractual remedy for this damage, the election of remedies doctrine should bar Minor from recovering tort damages.¶13 Election of remedies is an equitable doctrine that bars a plaintiff from maintaining inconsistent legal theories or forms of relief arising from a singleset of facts.

  • Election of remedies can also be the basis for a finding of waiver.

  • Stafford Disaster Relief and Emergency Assistance Act (42U.S.C. 5170b, 5172, 5173) and the interpretations of those sections of the Stafford Act.(e) Limitations—(1) Date of disaster.FEMA can only consider an applicant’s Request for Arbitration of a public assistance grant for disasters declared on or after October 30, 2012.(2) Election of remedies.

Related to Election of remedies

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Non-Consolidation Opinion means that certain substantive non-consolidation opinion delivered to Lender by Xxxxx Day in connection with the closing of the Loan.

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Termination for Convenience means the termination of the Trade Contract Agreement or the Trade Contractor Work by the Authority without cause and for the convenience of the Authority as decided in its sole discretion.

  • Termination Events means each of the events specified in Clause 10.3 of this Contract.

  • 13 Interest Rate Agreements"..............................................................13 "Inventory Facility"....................................................................14 "Investment"............................................................................14 "Issue Date"............................................................................14 "Lien"..................................................................................14 "Liquidated Damages"....................................................................14 "Manufacturer"..........................................................................15 "Maturity"..............................................................................15 "Moody's"...............................................................................15 "Net Cash Proceeds".....................................................................15 "Non-U.S. Person".......................................................................16 "Officers' Certificate".................................................................16 "Opinion of Counsel"....................................................................16 "Opinion of Independent Counsel"........................................................16 "Outstanding"...........................................................................16 "Pari Passu Indebtedness"...............................................................17 "Paying Agent"..........................................................................17 "Permitted Guarantor Junior Payment"....................................................17 "Permitted Holders".....................................................................17 "Permitted Investment"..................................................................18 "Permitted Junior Payment"..............................................................19 "Permitted Subsidiary Preferred Stock"..................................................19 "Person"................................................................................19 "

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Notice of Intent to Cure has the meaning specified in Section 6.02(b).

  • Repudiation/Moratorium Extension Notice means a notice from the Calculation Agent to the Issuer (which the Calculation Agent has the right but not the obligation to deliver) that describes a Potential Repudiation/Moratorium that occurred on or prior to the Scheduled Maturity Date. A Repudiation/Moratorium Extension Notice must contain a description in reasonable detail of the facts relevant to the determination that a Potential Repudiation/Moratorium has occurred and indicate the date of the occurrence. The Potential Repudiation/Moratorium that is the subject of the Repudiation/Moratorium Extension Notice need not be continuing on the date the Repudiation/Moratorium Extension Notice is effective.

  • Default Effect means multiplying the Outstanding Balance as of the date the applicable Event of Default occurred by (a) 15% for each occurrence of any Major Default, or (b) 5% for each occurrence of any Minor Default, and then adding the resulting product to the Outstanding Balance as of the date the applicable Event of Default occurred, with the sum of the foregoing then becoming the Outstanding Balance under this Note as of the date the applicable Event of Default occurred; provided that the Default Effect may only be applied three (3) times hereunder with respect to Major Defaults and three (3) times hereunder with respect to Minor Defaults; and provided further that the Default Effect shall not apply to any Event of Default pursuant to Section 4.1(b) hereof.

  • Default Under the Trust Indenture With respect to any MBS, any condition, occurrence or event which, if continued for any specified period of time after the giving of any requisite notice, would be an “Event of Default” under the Trust Indenture pursuant to which such MBS was issued.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Event of Default Under the Trust Indenture With respect to any MBS, any “Event of Default” under the Trust Indenture pursuant to which such MBS was issued. Xxxxxx Xxx: Federal National Mortgage Association, a body corporate organized and existing under the laws of the United States, or its successor in interest or any successor appointed as herein provided. Unless the context requires otherwise, the term “Xxxxxx Mae” shall be deemed to refer to the Federal National Mortgage Association acting in its corporate capacity and not in its capacity as Trustee hereunder.

  • Early Opt-in Election means the occurrence of:

  • Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activi- ties.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Servicer Termination Events (or any analogous term under the Lead Securitization Servicing Agreement) include customary market termination events with respect to failure to make advances, failure to timely remit payments to the Non-Lead Note Holders as required hereunder or under the Lead Securitization Servicing Agreement (subject to no more than one business day grace period), failure to timely deposit amounts into any REO Account or to remit to a Servicer for deposit into a related collection or custodial account, failure to deliver (or cause to be delivered) materials or information required in order for each Non-Lead Note Holder or each Non-Lead Depositor to timely comply with its obligations under the Exchange Act, the Securities Act and Form SF-3, and for rating agency downgrades or other triggers with respect to any certificates issued in connection with a Non-Lead Securitization, subject to customary grace periods (provided that, in the case of failures related to the securities laws, such grace periods will not cause a Non-Lead Depositor to fail to comply with the applicable provisions of such securities laws). Upon the occurrence of such a Servicer Termination Event with respect to the Master Servicer affecting a Non-Lead Securitization Note Holder and the Master Servicer is not otherwise terminated pursuant to the Lead Securitization Servicing Agreement, the Master Servicer shall be required, upon the direction of such Non-Lead Securitization Note Holder, to appoint a subservicer with respect to such Non-Lead Securitization Note. Upon the occurrence of a Servicer Termination Event with respect to the Special Servicer affecting a Non-Lead Securitization Note Holder and the Special Servicer is not otherwise terminated pursuant to the Lead Securitization Servicing Agreement, the Trustee shall, upon direction of such Non-Lead Securitization Note Holder, terminate the Special Servicer with respect to, but only with respect to, the Mortgage Loan;

  • Event of Eminent Domain with respect to any Property, (a) any compulsory transfer or taking by condemnation, seizure, eminent domain or exercise of a similar power, or transfer under threat of such compulsory transfer or taking or confiscation of such Property or the requisition of the use of such Property, by any agency, department, authority, commission, board, instrumentality or political subdivision of any state, the United States or another Governmental Authority having jurisdiction or (b) any settlement in lieu of clause (a) above.

  • Master Servicer Event of Termination As defined in Section 7.01 hereof.

  • Forbearance Termination Event has the meaning set forth in Section 3(a) hereto.

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Servicer Event of Termination One or more of the events described in Section 7.01.

  • Event of Servicer Termination With respect to the Servicing Agreement, a Servicing Default as defined in Section 6.01 of the Servicing Agreement.

  • Event of Servicing Termination means an event specified in Section 8.1 of the Sale and Servicing Agreement.