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<br />" <br /> <br />.; <br /> <br />c..:pþ <br />H~ <br /> <br />0°-, <br />....."-'- <br />:a:::.uJu <br />_ü"" <br />=°:::::> <br />Sfg:o <br />"" U <br />>-w... <br />1-""'0 <br />0::;;: <br />Z "" <br />"" ""' <br />4ú œ ..... <br />0' O-J <br />-"';3:'-.:) <br />r:: <br />=> <br />V> <br />2: <br /> <br />N-2004-149 <br /> <br />SWANK MOTION PICTURES, INC. <br />PUBLIC PERFORMANCE LICENSING AGREEMENT <br />FOR CORRECTIONAL INSTITUTIONS <br /> <br />This AGREEMENT is made on this 1st day of November. 2004, between SANTA ANA CITY JAIL ("Licensee" <br />herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri corporation. <br /> <br />1. <br /> <br />Subject Matter and Term of Agreement <br /> <br />A. Swank is an authorized distributor of copyrighted motion picture videocassettes and videodisc <br />("cassettes" herein) for non-theatrical public performances. Swank desires to license cassettes to <br />Licensee for public performance exhibition. Licensee desires to exhibit cassettes licensed from <br />Swank on the terms and conditions set forth herein. <br /> <br />B. The term of this Agreement shall commence on Januarv 1. 2005 and continue through December <br />31. 2005, after which day it shall expire unless renewed or renegotiated by mutual agreement of the <br />parties. <br /> <br />2. <br /> <br />License <br /> <br />Producers listed are those supplying tities at the time of this printing. <br /> <br />During the term of this contract, Swank shall license Licensee for public performance in its facility on <br />the terms and conditions set forth herein. New facilities added during the term of this contract will <br />require an amendment agreed to in writing by both parties. During the contract period, Licensee may <br />exhibit cassettes for showings only at its location(s) listed in Exhibit A. Licensee shall be entitled to <br />\g choose any title from Swank's current and future list of available cassettes for public performance <br />\ purposes which Includes titles distributed by Columbia Pictures, Triumph Films, TriStar Pictures, <br />~ Warner Bros., Orion Pictures, Home Box Office (HBO), Metro-Goldwyn-Mayer, United Artists, <br />\ Miramax, Turner Entertainment, Paramount Pictures, RKO Films, Samuel Goldwyn, Universal <br />"" Pictures, Cannon, EpiclVislon Productions, DreamworkslSKG, Walt Disney Pictures, Touchstone <br />LLi Pictures, and Hollywood Pictures and Gramercy Pictures. Rentals and or purchases of videocassette <br />I- <br />~ titles covered by this Agreement are at the expense of the Licensee. <br /> <br />3. <br /> <br />Terms <br /> <br />In consideration of the License, SANTA ANA CITY JAIL shall pay Swank a License Fee of $1.300.00 <br />payable in one installment upon receipt of invoice. <br /> <br />4. <br /> <br />Payment <br /> <br />Invoice is due and payable upon receipt. <br /> <br />5. <br /> <br />Advertising <br /> <br />These motion pictures are specifically licensed for non-theatrical showings only. <br />advertising outside the Facility is strictly prohibited. <br /> <br />Promotion or <br /> <br />6. <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 />