23.  Non-Disclosure.  Licensee agrees that at no time, during the Term or at any other time, shall Licensee directly or indirectly make or cause or permit others to make any media disclosure, press release, marketing release, advertisement or any similar public statement or announcement regarding this License Agreement, the Permitted Use, Licensee’s future contemplated uses, if any, of the Con Edison Property or otherwise using Con Edison’s name, without obtaining Con Edison’s prior written consent, which consent may be withheld in Con Edison’s sole and unfettered discretion.  Licensee and Con Edison agree that Licensee’s violation of this Section will constitute a material violation of this License Agreement and that the damages that Con Edison will suffer will be substantial, but will be impossible or difficult to ascertain with precision.  Accordingly, upon each such violation of this Section, Licensee, to the fullest extent permitted by law, shall be required to pay to Con Edison, immediately upon demand, the sum of Ten Thousand Dollars ($10,000.00) as liquidated damages
(“Liquidated Damages”) and not as a penalty.  Licensee and Con Edison hereby expressly agree that the amount of the Liquidated Damages set forth herein is a fair and reasonable estimate of the actual damages that Con Edison would suffer upon each violation of this Section by Licensee.  In the event a court of competent jurisdiction shall determine that Licensee’s obligation to pay the amount of Liquidated Damages set forth herein is unenforceable, Licensee and Con Edison agree that the amount of Liquidated Damages that Licensee shall pay to Con Edison shall be the maximum amount permitted by law and that the court may determine that maximum amount.  Licensee agrees that in addition to Con Edison’s other remedies pursuant to this License Agreement and applicable law (including without limitation, receiving the payment of Liquidated Damages), Con Edison is entitled to injunctive relief to enforce this Section and to enjoin any violations or threatened violations of this Section.  Licensee hereby agrees to reimburse Con Edison for any and all court and/or reasonable attorney fees, costs and expenses incurred by Con Edison in connection with a violation or threatened violation of this Section by Licensee.