Cinemark Property has the meaning assigned to it in
Cinemark Quality Standards has the meaning assigned to it in
Client Limitation has the meaning assigned to it in Section 4.07(b)(i).
Common Unit Adjustment has the meaning assigned to it in the LLC Agreement.
Common Units has the meaning assigned to in the LLC Agreement.
Concessions means popcorn, candy, and other food and beverage items sold at the concession stands in Theatres.
Confidential Information means all documents and information concerning any other Party hereto furnished it
by such other Party or its representatives in connection with the transactions contemplated by this Agreement (together with confidential information, including but not limited to Intellectual Property and other Proprietary Information of the other
Members and LLC), and shall include, by way of example and not limitation, the LLC Property, the Cinemark Property, the LLC Derived Works and the Cinemark Derived Works. Confidential Information shall also include all Confidential Information
supplied by the Members and their Affiliates. Notwithstanding the foregoing, Confidential Information shall not include any information that can be shown to have been (i) previously known by the Party to which it is furnished lawfully and
without breaching or having breached an obligation of such Party or the disclosing Party to keep such documents and information confidential, (ii) in the public domain through no fault of the disclosing Party, or (iii) independently
developed by the disclosing Party without using or having used the Confidential Information.
(including the terms Controlled by and under common Control with), with respect to the relationship between or among two or more Persons, means the possession, directly or indirectly, of the power to direct or
cause the direction of the affairs or management of a Person, whether through the ownership of voting securities, as trustee or executor, by contract or otherwise.
Costs has the meaning assigned to it in Section 11.01(a).
CPI means the monthly index of the U.S. City Average Consumer Price Index for Urban Wage Earners and Clerical
Workers (All Items; 1982-84 equals 100) published by the United States Department of Labor, Bureau of Labor Statistics or any successor agency that shall issue such index. In the event that the CPI is discontinued for any reason, LLC shall use such
other index, or comparable statistics, on the cost of living for urban areas of the United States, as shall be computed and published by any agency of the United States or, if no such index is published by any agency of the United States, by a
responsible financial periodical of recognized authority.
CPI Adjustment means the quotient of
(i) the CPI for the month of January in the calendar year for which the CPI Adjustment is being determined, divided by (ii) the CPI for January of 2007.