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Please complete this form when the attached agreement is no longer in );ffect. 9! 04
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Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-Sg.g:ffyou hay.d~~A
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AGREEMENT TERMINA nON
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The agreement with ~ JJ~ (1~
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City of Santa Ana
Clerk ofthe Council
Revised 8-7-03
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N-2004-149
SWANK MOTION PICTURES, INC.
PUBLIC PERFORMANCE LICENSING AGREEMENT
FOR CORRECTIONAL INSTITUTIONS
This AGREEMENT is made on this 1st day of November. 2004, between SANTA ANA CITY JAIL ("Licensee"
herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri corporation.
1.
Subject Matter and Term of Agreement
A. Swank is an authorized distributor of copyrighted motion picture videocassettes and videodisc
("cassettes" herein) for non-theatrical public performances. Swank desires to license cassettes to
Licensee for public performance exhibition. Licensee desires to exhibit cassettes licensed from
Swank on the terms and conditions set forth herein.
B. The term of this Agreement shall commence on Januarv 1. 2005 and continue through December
31. 2005, after which day it shall expire unless renewed or renegotiated by mutual agreement of the
parties.
2.
License
Producers listed are those supplying tities at the time of this printing.
During the term of this contract, Swank shall license Licensee for public performance in its facility on
the terms and conditions set forth herein. New facilities added during the term of this contract will
require an amendment agreed to in writing by both parties. During the contract period, Licensee may
exhibit cassettes for showings only at its location(s) listed in Exhibit A. Licensee shall be entitled to
\g choose any title from Swank's current and future list of available cassettes for public performance
\ purposes which Includes titles distributed by Columbia Pictures, Triumph Films, TriStar Pictures,
~ Warner Bros., Orion Pictures, Home Box Office (HBO), Metro-Goldwyn-Mayer, United Artists,
\ Miramax, Turner Entertainment, Paramount Pictures, RKO Films, Samuel Goldwyn, Universal
"" Pictures, Cannon, EpiclVislon Productions, DreamworkslSKG, Walt Disney Pictures, Touchstone
LLi Pictures, and Hollywood Pictures and Gramercy Pictures. Rentals and or purchases of videocassette
I-
~ titles covered by this Agreement are at the expense of the Licensee.
3.
Terms
In consideration of the License, SANTA ANA CITY JAIL shall pay Swank a License Fee of $1.300.00
payable in one installment upon receipt of invoice.
4.
Payment
Invoice is due and payable upon receipt.
5.
Advertising
These motion pictures are specifically licensed for non-theatrical showings only.
advertising outside the Facility is strictly prohibited.
Promotion or
6.
Warranties
Swank warrants that:
Swank is authorized by the copyright owners of the cassettes distributed by Swank to license the
"cassettes" to others for non-theatrical public performance purposes.
Page 1 of 2
.'
SWANK MOTION PICTURES, INC.
PUBLIC PERFORMANCE LICENSING AGREEMENT
continued
7.
Notices
All notices to be given hereunder shall be in writing or delivered personally or mailed by pre-paid
certified or registered mail (return receipt requested) as follows:
If to Swank:
SWANK MOTION PICTURES, INC.
If to Licensee:
SANTA ANA CITY JAIL
201 South Jefferson Avenue
Police Department, P. O. Box 1981
62 Civic Center Plaza
Santa Ana, California 92702
Attn: Chris Laugenour
St. Louis, Missouri 63103
Attn: John Kersting
Senior Account Executive
or to such other addresses as the parties shall specify, or by written notice so given, and shall be
deemed to be given as of the date so delivered or mailed.
8.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of
Missouri.
EXECUTED on the day and year first above written.
A TrEST:
~~
Barbara Nelson
National Sales Manager
,~<:;. 'dl "f-
PATRICIA E. HEALEY
Clerk of the Council
æoo(j'A A&['
PAUL ~ WALTERS
Chief of Police
::~~
Name
DAVID N; REAM
TItle
Ci ty Manager
EXHIBIT A
LOCATION:
SANTA ANA CITY JAIL
/CWA~
SANTA ANA. CALIFORNIA 92702
Page 2 of 2
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