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'4AR 2 12014 <br />N- 2014 -033 <br />b,SApAgsoh <br />� <br />Sara a SWANK MOTION PICTURES, INC. <br />Ca 's.I PUBLIC PERFORMANCE LICENSING AGREEMENT <br />FOR CORRECTIONAL INSTITUTIONS <br />This AGREEMENT is made on this 30th day of December, 2013, between City of Santa Ana <br />( "Licensee" herein) and SWANK M(JTIUN PICTURES, INC. ("Swank" herein), a issilli" ouri <br />corporation. <br />1. Subject Matter and Term of Agreement <br />A. Swank is an authorized distributor of copyrighted motion picture videocassettes and <br />videodisc ( "DVDs" herein) for non - theatrical public performances. Swank desires to license DVDs <br />to Licensee for public performance exhibition. Licensee desires to exhibit DVDs licensed from <br />Swank on the terms and conditions set forth herein. <br />The term of this Agreement shall commence on January 1, 2014 and continue through <br />December 31 . 2014, after which day it shall expire unless renewed or renegotiated by mutual <br />agreement of the parties. <br />2. License <br />Producers Posted 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 <br />facility on the terms and conditions set forth herein. New facilities added during the term of this <br />contract will require an amendment agreed to in writing by both parties. During the contract <br />period, Licensee may exhibit DVDs for showings only at its location(s) listed in Exhibit A. <br />Licensee shall be entitled to choose any title from Swanks' current and future list of available <br />DVDs for public performance purposes which includes titles distributed by Warner Bros, Allied <br />Artists, Fine Line Features, Lorimar Productions, New Line Cinema, Picturehouse, RKO Films, <br />The Ladd Company, Turner Pictures, Warner Premier, Warner Independent Pictures, MGM /UA, <br />American International, Orion, United Artists, Lions Gate Films, Trimark, Sony Pictures, Columbia <br />Pictures, Epic Productions, Tristar Pictures, Triumph Films, NBC Universal Pictures, Polygram, <br />Focus Features, Gramercy, October Films, USA Films, The Weinstein Company, Buena Vista <br />Distribution, Summit Entertainment, Hollywood Pictures, Miramax, Touchstone Pictures And Walt <br />Disney Pictures. Rentals and or purchases of videocassette titles covered by this Agreement are <br />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 J1 ,L60.00, <br />payable in one installment upon receipt of invoice. <br />4. Payment <br />Invoice is due and payable upon receipt. <br />8. 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 DVDs distributed by Swank to license the <br />"DVDs" to others for non - theatrical public performance purposes. <br />Page 1 of 2 <br />