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HomeMy WebLinkAboutSWANK MOTION PICTURES 17 - 2015INSURANCt NOi REQUIRED WORK MAY PROCEED N-2015-067 CLERK OfCOUNCIL SWANK MOTION PICTURES, INC. DATMAY 1 0I PUBLIC PERFORMANCE LICENSING AGREEMENT o.sr) FOR CORRECTIONAL INSTITUTIONS C��„��, �This AGREEMENT Is made on this 4rh day of November, 2014, between Cit of Santa. Ana � '"" ("Licensee" herein) and SWANK MWO!N PICTUR_ff§ TM , ("Swank" heremy, a ssouri corporation. 1. Subject Matter and Term of Agreement A. Swank Is an authorized distributor of copyrighted motion picture videocassettes and videodisc ("DVDs" herein) for non -theatrical public performances, Swank desires to license DVDs to Licensee for public performance exhibition, Licensee desires to exhibit DVDs licensed from Swank on the terms and conditions set forth heroin. t P' A— The term of this Agreement shall commence oil 2015 and continue through f4 0, 1 h"1 J� 3�, after which day it shall expire ui1 ess renewed or renegotiated by mutual 4" r" 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 facilitiesadded during the term of this contract will require an amendment agreed to In writing by both parties. During the contract period, Licensee may exhibit DVDs for showings only at Its location(s) listed In Exhibit Aw Licensee shall be entitled to choose any title from Swanks' current and future list of available DVDs for public performance purposes which includes titles distributed by Warner Bros, Allied Artists, Fine Line Features, Lorimar Productions, New Lyne Cinema, Pieturehouse, RKO Films, The Ladd Company, Turner Pictures, Warner Premier, Warner Independent (Pictures, MGM/UA, American International, Orion, United Artists, Lions Gate Films, Trimark, Sony pictures, Columbia Pictures, Epic Productions, Tristar Pictures, Triumph Films, NBC Universal Pictures, Polygram, Focus Features, Gramercy, October Films, USA Films, The Weinstein Company, Buena Vista Distribution, Summit Entertainment, Hollywood Pictures, Miramax, Touchstone Pictures And Walt Disney 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` JIJ,00,00, 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 nontheatrical 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 DVI)s distributed by Swank to license the "DVDs" to others for nontheatrical public performance purposes. Page 1 of 2 SWANK MOTION PICTURES, INC, PUBLIC PERFORMANCE LICENSING AGREEMENT contlnuad 7. Notices All notices to be given hereunder shall be In writing or delivered personally or mailed by prepaid certified or registered mail (return receipt requested) as follows: If to Swank: SWANK MOTION PICTURES INC 10795 Watson Road 5t, Louis, Missouri 63127 Attn: John Kersting Institution Safes Manager If to Licensee: City of Santa Ana P.O. Box 9981, 60 Civic Center Paz@ Santa Ana, California 92702 Attn: AnnMatuiln Jail Administrator or to such rather 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 taws of the State of California. EXECUTED on the day and year firstabovewritten. EXHI'BIT'A LOCATION: City of Santa Ana Santa Ana, California 92702 City of Santa An gy Please See Next Page Title N'O lED A5 TO PURIM :r7AZ Ttosslrol r !slant City Attorney Page 2'of 2 1'2,14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: X4 MARIA D. HUIZAR Clerk of the Council FOR APPROVAL: Chief of Police CITY OF SANTA ANA DAVID CA AZOS City Manager