Common use of Remedies Inadequate Clause in Contracts

Remedies Inadequate. 9.1 Executive acknowledges that the services to be rendered by her to Bandwidth as contemplated by this Agreement are special, unique and of extraordinary character. Executive expressly agrees and understand that the remedy at law for any breach by her of Section 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of Executive's violation of any legally enforceable provision of Section 7 or 8, Bandwidth will be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 7, 8 or 9, Executive agrees that she will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive hereby waives any such defense. Nothing in this Agreement will be deemed to limit Bandwidth's remedies at law or in equity for any breach by Executive of any of the provisions of Section 7 or 8 which may be pursued or availed of by Bandwidth. Without limiting the generality of the immediately preceding sentence, any covenant on Executive's part contained in Section 7 or 8, which may not be specifically enforceable will nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 Executive has carefully considered, and has had adequate time and opportunity to consult with her own counsel or other advisors regarding the nature and extent of the restrictions upon her and the rights and remedies conferred upon Bandwidth under Sections 7, 8 and 9, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to Bandwidth, do not stifle the inherent skill and experience of Executive, would not operate as a bar to Executive's sole means of support, are fully required to protect the legitimate interests of Bandwidth and do not confer a benefit upon Bandwidth disproportionate to the detriment to Executive. 9.3 The covenants and agreements made by Executive in Sections 7, 8 and 9 will survive full payment by Bandwidth to Executive of the amounts to which Executive is entitled under this Agreement, the expiration of the Employment Period and this Agreement.

Remedies Inadequate. 9.1 8.1 Executive acknowledges that the services to be rendered by her him to Bandwidth as contemplated by this Agreement are special, unique and of extraordinary character. Executive expressly agrees and understand that the remedy at law for any breach by her him of Section 6 or 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of Executive's ’s violation of any legally enforceable provision of Section 7 6 or 87, Bandwidth will be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 76, 8 7 or 98, Executive agrees that she he will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive hereby waives any such defense. Nothing in this Agreement will be deemed to limit Bandwidth's ’s remedies at law or in equity for any breach by Executive of any of the provisions of Section 6 or 7 or 8 which may be pursued or availed of by Bandwidth. Without limiting the generality of the immediately preceding sentence, any covenant on Executive's ’s part contained in Section 7 6 or 87, which may not be specifically enforceable will nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 8.2 Executive has carefully considered, and has had adequate time and opportunity to consult with her his own counsel or other advisors regarding the nature and extent of the restrictions upon her him and the rights and remedies conferred upon Bandwidth under Sections 76, 8 7 and 98, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to Bandwidth, do not stifle the inherent skill and experience of Executive, would not operate as a bar to Executive's ’s sole means of support, are fully required to protect the legitimate interests of Bandwidth and do not confer a benefit upon Bandwidth disproportionate to the detriment to Executive. 9.3 8.3 The covenants and agreements made by Executive in Sections 76, 7 and 8 and 9 will survive full payment by Bandwidth to Executive of the amounts to which Executive is entitled under this Agreement, the expiration of the Employment Period and this Agreement.

Remedies Inadequate. 9.1 Executive (a) Employee acknowledges that the services to be rendered by her him to Bandwidth Employer as contemplated by this Agreement are special, unique and of extraordinary character. Executive Employee expressly agrees and understand that the remedy at law for any breach by her him of Section 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of ExecutiveEmployee's violation of any legally enforceable provision of Section 7 or 8, Bandwidth will Employer shall be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 7, 8 or 9, Executive Employee agrees that she he will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive Employee hereby waives any such defense. Nothing in this Agreement will shall be deemed to limit BandwidthEmployer's remedies at law or in equity for any breach by Executive Employee of any of the provisions of Section 7 or 8 which may be pursued or availed of by BandwidthEmployer. Without limiting the generality of the immediately preceding sentence, any covenant on ExecutiveEmployee's part contained in Section 7 or 8, which may not be specifically enforceable will shall nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 Executive (b) Employee has carefully considered, and has had adequate time and opportunity to consult with her his own counsel or other advisors regarding the nature and extent of the restrictions upon her him and the rights and remedies conferred upon Bandwidth Employer under Sections 7, 8 and 9, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to BandwidthEmployer, do not stifle the inherent skill and experience of ExecutiveEmployee, would not operate as a bar to ExecutiveEmployee's sole means of support, are fully required to protect the legitimate interests of Bandwidth Employer and do not confer a benefit upon Bandwidth Employer disproportionate to the detriment to ExecutiveEmployee. 9.3 (c) The covenants and agreements made by Executive Employee in Sections 7, 8 and 9 will shall survive full payment by Bandwidth Employer to Executive Employee of the amounts to which Executive Employee is entitled under this Agreement, the expiration of the Employment Period and this Agreement.

Remedies Inadequate. 9.1 Executive Xxxxxx acknowledges that the services to be rendered by her him to Bandwidth as contemplated by this Agreement are special, unique and of extraordinary character. Executive Xxxxxx expressly agrees and understand that the remedy at law for any breach by her him of Section 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of Executive's Xxxxxx’x violation of any legally enforceable provision of Section 7 or 8, Bandwidth will be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 7, 8 or 9, Executive Xxxxxx agrees that she he will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive Xxxxxx hereby waives any such defense. Nothing in this Agreement will be deemed to limit Bandwidth's ’s remedies at law or in equity for any breach by Executive Xxxxxx of any of the provisions of Section 7 or 8 which may be pursued or availed of by Bandwidth. Without limiting the generality of the immediately preceding sentence, any covenant on Executive's Xxxxxx’x part contained in Section 7 or 8, which may not be specifically enforceable will nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 Executive Xxxxxx has carefully considered, and has had adequate time and opportunity to consult with her his own counsel or other advisors regarding the nature and extent of the restrictions upon her him and the rights and remedies conferred upon Bandwidth under Sections 7, 8 and 9, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to Bandwidth, do not stifle the inherent skill and experience of ExecutiveXxxxxx, would not operate as a bar to Executive's Xxxxxx’x sole means of support, are fully required to protect the legitimate interests of Bandwidth and do not confer a benefit upon Bandwidth disproportionate to the detriment to ExecutiveXxxxxx. 9.3 The covenants and agreements made by Executive Xxxxxx in Sections 7, 8 and 9 will survive full payment by Bandwidth to Executive Xxxxxx of the amounts to which Executive Xxxxxx is entitled under this Agreement, the expiration of the Employment Period and this Agreement.

Remedies Inadequate. 9.1 8.1 Executive acknowledges that the services to be rendered by her him to Bandwidth as contemplated by this Agreement are special, unique and of extraordinary character. Executive expressly agrees and understand that the remedy at law for any breach by her him of Section 6 or 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of Executive's ’s violation of any legally enforceable provision of Section 7 6 or 87, Bandwidth will be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 76, 8 7 or 98, Executive agrees that she he will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive hereby waives any such defense. Nothing in this Agreement will be deemed to limit Bandwidth's Xxxxxxxxx’s remedies at law or in equity for any breach by Executive of any of the provisions of Section 6 or 7 or 8 which may be pursued or availed of by Bandwidth. Without limiting the generality of the immediately preceding sentence, any covenant on Executive's ’s part contained in Section 7 6 or 87, which may not be specifically enforceable will nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 8.2 Executive has carefully considered, and has had adequate time and opportunity to consult with her his own counsel or other advisors regarding the nature and extent of the restrictions upon her him and the rights and remedies conferred upon Bandwidth under Sections 76, 8 7 and 98, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to Bandwidth, do not stifle the inherent skill and experience of Executive, would not operate as a bar to Executive's ’s sole means of support, are fully required to protect the legitimate interests of Bandwidth and do not confer a benefit upon Bandwidth disproportionate to the detriment to Executive. 9.3 8.3 The covenants and agreements made by Executive in Sections 76, 7 and 8 and 9 will survive full payment by Bandwidth Xxxxxxxxx to Executive of the amounts to which Executive is entitled under this Agreement, the expiration of the Employment Period and this Agreement.

Remedies Inadequate. 9.1 8.1 Executive acknowledges that the services to be rendered by her him to Bandwidth as contemplated by this Agreement are special, unique and of extraordinary character. Executive expressly agrees and understand that the remedy at law for any breach by her him of Section 6 or 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of Executive's violation of any legally enforceable provision of Section 7 6 or 87, Bandwidth will be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 76, 8 7 or 98, Executive agrees that she he will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive hereby waives any such defense. Nothing in this Agreement will be deemed to limit Bandwidth's remedies at law or in equity for any breach by Executive of any of the provisions of Section 6 or 7 or 8 which may be pursued or availed of by Bandwidth. Without limiting the generality of the immediately preceding sentence, any covenant on Executive's part contained in Section 7 6 or 87, which may not be specifically enforceable will nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 8.2 Executive has carefully considered, and has had adequate time and opportunity to consult with her his own counsel or other advisors regarding the nature and extent of the restrictions upon her him and the rights and remedies conferred upon Bandwidth under Sections 76, 8 7 and 98, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to Bandwidth, do not stifle the inherent skill and experience of Executive, would not operate as a bar to Executive's sole means of support, are fully required to protect the legitimate interests of Bandwidth and do not confer a benefit upon Bandwidth disproportionate to the detriment to Executive. 9.3 8.3 The covenants and agreements made by Executive in Sections 76, 7 and 8 and 9 will survive full payment by Bandwidth to Executive of the amounts to which Executive is entitled under this Agreement, the expiration of the Employment Period and this Agreement.

Remedies Inadequate. 9.1 Executive a. Employee acknowledges that the services to be rendered by her him to Bandwidth Employer as contemplated by this Agreement are special, unique and of extraordinary character. Executive Employee expressly agrees and understand that the remedy at law for any breach by her him of Section section 6 or section 7 or 8 of this Agreement will be inadequate and that the damages flowing from such breach are not readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of ExecutiveEmployee's violation of any legally enforceable provision of Section section 6 or section 7 or 8hereof, Bandwidth will Employer shall be entitled to immediate injunctive relief, including, without limitation, a temporary order restraining any threatened or further breach. In the event any equitable proceedings are brought to enforce the provisions of any of Section 7section 6, section 7 or section 8 or 9hereof, Executive Employee agrees that she he will not raise in such proceedings any defense that there is an adequate remedy at law, and Executive Employee hereby waives any such defense. Nothing in this Agreement will shall be deemed to limit BandwidthEmployer's remedies at law or in equity for any breach by Executive Employee of any of the provisions of Section section 6 or section 7 or 8 hereof which may be pursued or availed of by BandwidthEmployer. Without limiting the generality of the immediately preceding sentence, any covenant on ExecutiveEmployee's part contained in Section section 6 or section 7 or 8hereof, which may not be specifically enforceable will shall nevertheless, if breached, give rise to a cause of action for monetary damages. 9.2 Executive b. Employee has carefully considered, and has had adequate time and opportunity to consult with her his own counsel or other advisors regarding the nature and extent of the restrictions upon her him and the rights and remedies conferred upon Bandwidth Employer under Sections sections 6, 7, and 8 and 9hereof, and hereby acknowledges and agrees that such restrictions are reasonable in time, territory and scope, are designed to eliminate competition which otherwise would be unfair to BandwidthEmployer, do not stifle the inherent skill and experience of ExecutiveEmployee, would not operate as a bar to ExecutiveEmployee's sole means of support, are fully required to protect the legitimate interests of Bandwidth Employer and do not confer a benefit upon Bandwidth Employer disproportionate to the detriment to ExecutiveEmployee. 9.3 c. The covenants and agreements made by Executive Employee in Sections sections 6, 7, and 8 and 9 will hereof shall survive full payment by Bandwidth Employer to Executive Employee of the amounts to which Executive Employee is entitled under this Agreement, the expiration of the Employment Period and this Agreement.