HomeMy WebLinkAboutSWANK MOTION PICTURES 4 - 2002
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~ ~fi!s AGREEMENT is made on this 9th day of November. 2001, between SANTA ANA CITY JAIL
b ;i"gcensee" herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri
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<f: -.. 1" Subject Maller and Term of Agreement
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~ ~~ A. Swank is an authorized distributor of copyrighted motion picture videocasselles and
videodisc ("casselles" herein) for non-theatrical public performances. Swank desires to
license cassettes to Licensee for public performance exhibition. Licensee desires to
exhibit casselles licensed from Swank on the terms and conditions set forth herein.
SWANK MOTION PICTURES, INC.
PUBLIC PERFORMANCE LICENSING AGREEMENT
FOR CORRECTIONAL INSTITUTIONS
N-2002-029
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B. The term of this Agreement shall commence on Januarv 1. 2002 and continue
through December 31. 2002, after which day it shall expire unless renewed 0 r
renegotiated by mutual agreement of the parties.
2. License
Producers listed are those supplying titles 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 casselles for showings only at its location(s) listed
in Exhibit A. Licensee shall be entitled to choose any title from Swank's current and
future list of available casselles for public performance purposes which includes tilles
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, EpiclVision Productions, Dreamworks/SKG, Walt Disney Pictures, Touchstone
Pictures, and Hollywood Pictures and Gramercy Pictures. Rentals and or purchases of
videocasselle 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.
Promotion or advertising outside the Facility is strictly prohibited.
6. Warranties
Swank warrants that:
Swank is authorized by the copyright owners of the casselles distributed by Swank to
license the "casselles" to others for non-theatrical public performance purposes.
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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.
201 South Jefferson Avenue
St. Louis, Missouri 63103
Attn: John Kersting
Senior Account Executive
If to Licensee:
SANTA ANA CITY JAIL
62 Civic Center Plaza
Santa Ana, California 92702
Attn: Ken Vargas
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.
If.
PATRICIA Eo HEALY
CLERK 0It THE COIINeIL
EXHIBIT A
LOCATION:
SANTA ANA CITY JAIL
SANTA ANA. CALIFORNIA 92702
By
SANTA
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By
Name
David N. Ream
Title
City Manager
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