exv10w1



 




Exhibit 10.1



FIRST AMENDMENT TO EMPLOYMENT AGREEMENT



     THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), is effective as of the
14th day of January, 2008 between Cinemark, Inc., a Delaware corporation (the
“Company”), and Robert Carmony (“Executive”).



RECITALS



     A.     The Company and Executive previously entered into that certain Employment Agreement
effective as of March 12, 2004 (the “Original Employment Agreement”), setting forth the terms and
conditions of their understandings and agreements with respect to Executive’s employment as the
Company’s Senior Vice President of Operations.



     B.     Executive was elected as the Senior Vice President — New Technology and Training, of the
Company, Cinemark Holdings, Inc. and Cinemark USA, Inc., effective May 23, 2007.



     C.     The Company and Executive now wish to make certain changes to the terms and conditions set
forth in the Original Employment Agreement by amending such agreement as set forth herein to
reflect his current position and title.



STATEMENT OF AGREEMENT



     NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and
in the Original Employment Agreement, and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Company and Executive, each intending to be
legally bound, hereby agree as follows:



     1.     Amendment of Original Employment Agreement.



     (a)     Section 1.1 of the Original Employment Agreement is hereby amended and restated in its
entirety to read as follows:



     1.1     Title and Duties. The Company employs Executive as Senior Vice President
 — New Technology and Training, of the Company. Executive’s duties, responsibilities
and authority shall be consistent with Executive’s position and titles and shall
include serving in a similar capacity with Cinemark Holdings, Inc., Cinemark USA, Inc.
and such other duties, responsibilities and authority as may be assigned to Executive
by the Board of Directors of the Company (the “Board”). Executive shall report
directly to the Chief Executive Officer of the Company.



     (b)     Except as specifically set forth in Section 1(a) hereof, the Original Employment
Agreement remains in full force on its terms.



     2.     Governing Law. This Amendment shall be construed, interpreted and governed in
accordance with the laws of the State of Texas without regard to any conflict of laws rule or
principle which might refer the governance or construction of this Amendment to the laws of another
jurisdiction.



     3.     Entire Agreement. This Amendment, together with the Original Employment Agreement
contain the entire understanding between the parties hereto with respect to the subject matter
hereof and supersede in all respects any prior or other agreement or understanding, written or
oral, between the Company and Executive with respect to such subject matter.



     4.     Counterparts. This Amendment may be executed in multiple counterparts, each of
which will be deemed an original.



     [Signature Page Follows]



 








 





     IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have caused this
Amendment to be executed and delivered by their proper and duly authorized officers as of the day
and year first above written.



	 	 	 	 	 
	 	COMPANY:



CINEMARK, INC.

 	 
	 	By:  	/s/ Michael Cavalier
 	 
	 	 	Name:  	Michael Cavalier 	 
	 	 	Title:  	Senior Vice President-General Counsel 	 
	 



	 	 	 	 	 
	 	EXECUTIVE:

 	 
	 	/s/ Robert Carmony 	 
	 	Robert Carmony 	 
	 	 	 
	 



Signature
Page to First Amendment To Employment Agreement