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SEC Filings

10-K
CINEMARK HOLDINGS, INC. filed this Form 10-K on 02/28/2014
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to, the Equipment set forth on Schedule A. During such conversion, Cinemark shall be responsible for connecting the Equipment, including LLC Equipment, to the Cinemark Equipment in a functional manner as mutually agreed by Cinemark and LLC. LLC shall be responsible for providing specifications and process instructions to Cinemark for such connectivity in advance of the scheduled conversion; provided that such specifications and process instructions shall not require Cinemark to acquire any additional equipment or software in order to effectuate such connectivity unless such additional equipment or software is purchased by LLC and does not render such Digital Cinema Equipment not DCI Spec Compliant. Once LLC receives notice from Cinemark that a Projection System has been installed in a given auditorium and that Cinemark has elected to convert the Advertising Services to such Projection System, LLC and Cinemark shall have the responsibility to jointly test such conversion to ensure that the Digital Cinema Equipment is operational to provide the Advertising Services. LLC and Cinemark hereby agree that the Auditoriums listed on Schedule 3.06(a) have Digital Cinema Equipment operational to provide Advertising Services as of October 1, 2010. If the conversion is operational to provide the Advertising Services, LLC shall notify Cinemark in writing (the “LLC Confirmation”). If the conversion is not operational to provide the Advertising Services, LLC and Cinemark shall cooperate to make the system operational to provide the Advertising Services. The Parties agree that LLC shall have 60 days, which shall include all testing, following receipt of notice from Cinemark that a Projection System has been installed and is capable of receiving the Advertising Services in a given auditorium to complete the conversion in such auditorium. Until the testing of the conversion has been completed and approved, Cinemark shall not be permitted to remove the Low Resolution Projection System from such auditorium. After a conversion of an auditorium has been completed and approved, Cinemark may, in certain limited circumstances, replace the Digital Cinema Equipment with 35mm projection. In such event Cinemark shall reinstall Low Resolution Projection Systems in order to deliver the Advertising Services in such auditoriums and Cinemark will no longer be required to exhibit 3D Advertising Services in such auditoriums.

(b) Non-Digital Theatres. During the Term and at its sole option, Cinemark may choose to install a Projection System in one or more auditoriums in any Non-Digitized Theatre. As between Cinemark and LLC, Cinemark will be responsible for purchasing, installing and maintaining the Projection Systems selected by Cinemark. After the installation of a Projection System in an Auditorium in a Non-Digitized Theatre, Cinemark, at its sole option, may elect to convert such Non-Digitized Theatre to a Digitized Theatre. Upon such conversion, such Projection Systems shall constitute Digital Cinema Equipment under this Agreement. During such conversion, Cinemark shall be responsible for connecting the Equipment, including LLC Equipment, to the Cinemark Equipment in a functional manner as mutually agreed by Cinemark and LLC. LLC shall be responsible for providing specifications and process instructions to Cinemark for such connectivity in advance of the scheduled conversion; provided that such specifications and process instructions shall not require Cinemark to acquire any additional equipment or software in order to effectuate such connectivity. Once LLC receives notice from Cinemark that a Projection System has been installed in a given auditorium and that Cinemark has elected to convert such Non-Digitized Theatre to a Digitized Theatre, LLC and Cinemark shall have the responsibility to jointly test such conversion to ensure that the Equipment is operational to provide the Advertising Services. If the conversion is operational to provide the Advertising Services, LLC shall provide Cinemark with a LLC Confirmation. If the conversion is not operational to provide the Advertising Services, LLC and Cinemark shall

 

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