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<br />... <br /> <br />'¡J <br /> <br />N-2004-002 <br /> <br />SWANK MOTION PICTURES, INC. <br />PUBLIC PERFORMANCE LICENSING AGREEMENT <br />FOR CORRECTIONAL INSTITUTIONS <br /> <br />C/ Pi) This AGREEMENT is made on this ~ day of November. 2003, between SANTA ANA CITY JAIL - POLICE <br />fisc¡¡¡... DEPARTMENT ("Licensee" herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri <br />corporation. <br /> <br />1. <br /> <br />2. <br /> <br />:!:DO...) <br />~::::Jë3 <br />_c..>z <br />=. 0 =>~ <br />="" 0 <br />",0- c..> <br />or: >- u.; I <br />I-<C 0 ~ <br />.CI> ::;E <br />z",,~ <br />~~~ 1 <br />~:;::<.) -- <br />or: <br />::I> <br />"" <br />Z <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />Subject Matter and Term of Agreement <br /> <br />A. Swank is an authorized distributor of copyrighted motion picture videocassettes and <br />videodisc ("cassettes" herein) for non-theatrical public performances. Swank desires to license <br />cassettes to Licensee for public performance exhibition. Licensee desires to exhibit cassettes <br />licensed from Swank on the terms and conditions set forth herein. <br /> <br />B. The term of this Agreement shall commence on Januarv 1. 2004 and continue through <br />December 31. 2004, after which day it shall expire unless renewed or renegotiated by mutual <br />agreement of the parties. <br /> <br />License <br /> <br />Producers listed are those supplying titles at the time of this printing. <br /> <br />.::.; <br />!;;ë <br />o <br /> <br />During the term of this contract, Swank shall license Licensee for public performance in its facility <br />on the terms and conditions set forth herein. New facilities added during the term of this contract <br />will require an amendment agreed to in writing by both parties. During the contract period, Licensee <br />may exhibit cassettes for showings only at its location(s) listed in Exhibit A. Licensee shall be <br />entitled to choose any title from Swank's current and future list of available cassettes for public <br />performance purposes which includes titles distributed by Columbia Pictures, Triumph Films, <br />TriStar Pictures, Warner Bros., Orion Pictures, Home Box Office (HBO), Metro-Goldwyn-Mayer, <br />United Artists, Mlramax, Turner Entertainment, Paramount Pictures, RKO Films, Samuel Goldwyn, <br />Universal Pictures, Cannon, EpicNision Productions, DreamworkslSKG, Walt Disney Pictures, <br />Touchstone Pictures, and Hollywood Pictures and Gramercy Pictures. Renlals and or purchases of <br />videocassette titles covered by this Agreement are at the expense of the Licensee. <br /> <br />Terms <br /> <br />In consideration of the License, SANTA ANA CITY JAIL - POLICE DEPARTMENT shall pay Swank a <br />License Fee of $1.300.00 payable in one installment upon receipt of invoice. <br /> <br />Payment <br /> <br />Invoice is due and payable upon receipt. <br /> <br />Advertising <br /> <br />These motion pictures are specifically licensed for non-theatrical showings only. Promotion or <br />advertising outside the Facility is strictly prohibited. <br /> <br />Warranties <br /> <br />Swank warrants that: <br /> <br />Swank is authorized by the copyright owners of the cassettes distributed by Swank to license the <br />"cassettes" to others for non-theatrical public performance purposes. <br /> <br />Page 1 of 2 <br />