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.

Appears in 1 contract

Samples: Employment Agreement (Bandwidth Inc.)

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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 Exhibit 10.1 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.

Appears in 1 contract

Samples: Employment Agreement (Bandwidth Inc.)

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.

Appears in 1 contract

Samples: Employment Agreement (Bandwidth Inc.)

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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.

Appears in 1 contract

Samples: Employment Agreement (Bandwidth Inc.)

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