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

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3.14 Cinemark will make reasonable good faith efforts to obtain permits and authorizations including, without limitation, building permits and certificates of occupancy that may be required under local law, ordinance, or other applicable law in order to accomplish the modifications Cinemark will make under this Consent Order. If a city or other applicable state or local authority does not provide the permits or authorizations in a timely manner, and such delay impacts Cinemark's ability to make any of the modifications set forth in the Consent Order within any of the time periods set forth herein, the applicable time period(s) for Cinemark to make the modification(s) at issue shall be automatically extended by the period of the delay. Cinemark shall immediately notify the Department of such delay and the reasons therefor. If a city or other applicable state or local authority refuses to provide permits or authorizations needed to accomplish any modification required under this Consent Order, or conditions the issuance of any such permit or authorization on Cinemark's making modifications in addition to those required by the Consent Order, Cinemark's obligation to make the modification(s) will be suspended while Cinemark and DOJ meet in a good faith effort to agree on a comparable substitute modification(s) that shall not result in costs in excess of 15%, adjusted for inflation, over the contract cost of the changes contemplated by the modifications set forth in this Consent Order, and shall not result in seat loss in excess of 15% greater than that contemplated in this Consent Order.

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