HomeMy WebLinkAboutSWANK MOTION PICTURES - 2009.f
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,;~~~; s_~-os PUBLIC PERFORMANCE LICENSING AGREEMENT
°~ ~ Yp ~z~, `Chris L~ FOR CORRECTIONAL INSTITUTIONS
This AGREEMENT is made on this 14T" day of November, 2008, between CITY OF SANTA
ANA ("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.
The term of this Agreement shall commence on January 1, 2009 and continue through
December 31. 2009, after which day it shall expire unless renewed or 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 cassettes for showings only at its location(s) listed in Exhibit A.
Licensee shall be entitled to choose any title from Swanks' current and future list of available
cassettes for public performance purposes which includes titles distributed by Columbia
Pictures, Triumph Films, Tri-Star Pictures, Warner Bros., Orion Pictures, Home Box Office (HBO),
Metro-Goldwyn-Mayer, United Artists, Miramax, Turner Entertainment, Paramount Pictures, RKO
Films, Universal Pictures, Cannon, EpicNision Productions, Dreamworks/SKG, Walt Disney
Pictures, Touchstone Pictures, Hollywood Pictures New Line Pictures, Fine Line Features Focus
Features Lions Gate The Weinstein Company and Gramercy Pictures. Rentals and or purchases
of videocassette titles covered by this Agreement are at the expense of the Licensee.
3. Terms
In consideration of the License, CITY OF SANTA ANA shall pay Swank a License Fee of 1 540.00,
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 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.
10795 Watson Road
St. Louis, Missouri 63127
Attn: John Kersting
Senior Account Executive
If to Licensee:
CITY OF SANTA ANA
PO Box 1981 60 Civic Center Plaza
Santa Ana, California 92702
Attn: Chris Laugenour
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
California.
EXECUTED on the day and year first above written.
EXHIBIT A
LOCATION:
CITY OF SANTA ANA
Santa Ana, California 92702
SWANF~. OTION PICT RES,
By
Barbara Nelson
National Sales Manager
CITY OF SANTA ANA
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By ; . ~,~
Name _~l~/tG'v'isi~ ~~~1,~^.LEI ~U`vt(
Title 1~~stc t ~~Z+,vl~-' ~.~ ~ ~/.l • ~ ,i
ATTEST] ,
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_~~ PA Tit/C% ~ .~ , l;
*'~ C~K o~' THE COUNCIL l
APPROVED AS TO FOIZIvI
Laura Stitt Speedy
Page 2 of 2 Assistant City Attorney
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