Common use of Liquidated Damages/Equitable Relief Clause in Contracts

Liquidated Damages/Equitable Relief. 27.1 Due to the sensitive nature of the confidential and proprietary information contained in the Licensed Materials, Licensee acknowledges that unauthorized use and/or disclosure of Licensed Materials will irreparably harm USPS’ rights to control its intellectual property. Accordingly, Licensee (i) agrees to reimburse USPS for any unauthorized use and/or disclosure at a rate of treble (3 times) the current annual fee charged to Licensee under this Agreement or treble the average total revenue Licensee obtained through its use of the Licensed Materials, whichever amount is greater, and (ii) consents to such injunctive or other equitable relief as a court of competent jurisdiction may deem proper.

Liquidated Damages/Equitable Relief. 27.1 23.1 Due to the sensitive nature of the confidential and proprietary information contained in the Licensed Materials, Licensee acknowledges that unauthorized use and/or disclosure of Licensed Materials will irreparably harm USPS’ rights to control its intellectual property. Accordingly, Licensee (i) agrees to reimburse USPS for any unauthorized use and/or disclosure at a rate of treble (3 times) the current annual fee charged to Licensee under this Agreement or treble the average total revenue Licensee obtained through its use of the Licensed Materials, whichever amount is greater, and (ii) consents to such injunctive or other equitable relief as a court of competent jurisdiction may deem proper.