United States of America, Plaintiff, v. Cinemark USA, Inc., Defendant - Consent Order

9. Miscellaneous

9.1     Entire Consent Order. This Consent Order and its exhibits and appendices constitute the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by any of the parties or agents of any of the parties, that is not contained in this written Consent Order, shall be enforceable regarding the matters raised herein.

9.2     Public Document. This Consent Order is a public document. A copy of this document, and any information contained herein, may be made available to any person.

9.3     Consent Order Binding on Parties and Successors in Interest. This Consent Order is binding on the United States, and Cinemark USA, Inc. and successors in interest. Cinemark has a duty to so notify all such successors in interest of the existence and terms of this Consent Order. If Cinemark sells, closes, or ceases operations at a particular theater covered by this Consent Order, prior to the end of the five-year term of this Consent Order, Cinemark shall have no further obligation to make modifications at that particular theater.

9.4     Other Companies. The terms of this Consent Order shall not apply to any other movie theater company except as provided by paragraph 9.3, above.

9.5     Term of the Consent Order. This Consent Order shall be in full force and effect for a period of five (5) years after the Effective Date of this Consent Order. The Court shall retain jurisdiction of this action to enforce provisions of this Consent Order during those five (5) years.

9.6     Severability. If any term of this Consent Order is determined by any court to be unenforceable, the other terms of this Consent Order shall nonetheless remain in full force and effect.

9.7     Signatories Bind Parties. Signatories on the behalf of the parties represent that they are authorized to bind the parties to this Consent Order.

9.8     Force Majeure. Whenever a day is appointed herein on which, or a period of time is appointed within which, either party is required to do or complete any act, matter, or thing, the time for doing or completion thereof shall be extended by a period of time equal to the number of days on or during which either party is prevented from, or is unreasonably interfered with, the doing or completion of such act, matter, or thing as a result of strikes, lock-outs, embargoes, unavailability of labor or materials, wars, insurrections, rebellions, declarations of national emergencies, acts of God, or other causes beyond the reasonable control of the party. Financial inability to satisfy the terms of the agreement is not included within this exception.