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.IAN 3 1 201 N-2011-158
<br />?, S?RP'DC? SWANK MOTION PICTURES, INC.
<br />?of?n ?NPUBLIC PERFORMANCE LICENSING AGREEMENT
<br />?`"??????'°?? FOR CORRECTIONAL INSTITUTIONS
<br />This AGREEMENT is made on this 28th day of November. 2011, between CITY OF SANTA ANA ("Licensee"
<br />herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri corporation.
<br />?. Subject Matter and Term of Agreement
<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 />B. The term of this Agreement shall commence on January 1, 2012 and continue through December
<br />31, 2012, after which day it shall expire unless renewed or renegotiated by mutual agreement of the
<br />parties.
<br />2. License
<br />Producers listed are those supplying titles at the time of this printing.
<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 />choose any title from Swan k's current and future list of available cassettes for public performance
<br />purposes which includes titles distributed by Warner Bros, Allied Artists, Fine Line Features, Lorimar
<br />Productions, New Line Cinema, Picturehouse, RKO Films, The Ladd Company, Turner Pictures,
<br />Warner Independent Pictures, Warner Premier, Paramount Pictures, Paramount Vantage, Republic
<br />Pictures, MGM/UA, American International, Orion, United Artists, Lions Gate Films, Trimark,
<br />DreamWOrks, Sony Pictures, Columbia Pictures, Epic Productions, Tristar Pictures, Triumph Films,
<br />NBC Universal Pictures, Polygram, Focus Features, Gramercy, October Films, USA Films, The
<br />Weinstein Company, Buena Vista Distribution, Hollywood Pictures, Miramax, Touchstone Pictures
<br />and Walt Disney Pictures. Rentals and or purchases of videocassette titles covered by this
<br />Agreement are at the expense of the Licensee.
<br />3. Terms
<br />In consideration of the License, CITY OF SANTA ANA shall pay Swank a License Fee of $1,624.00
<br />payable in one installment upon receipt of invoice.
<br />4. Payment
<br />Invoice is due and payable upon receipt.
<br />5. Advertising
<br />These motion pictures are specifically licensed for non-theatrical showings only. Promotion or
<br />advertising outside the Facility is strictly prohibited.
<br />6. Warranties
<br />Swank warrants that:
<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.
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