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INSURANCt NOi REQUIRED
<br />WORK MAY PROCEED N-2015-067
<br />CLERK OfCOUNCIL SWANK MOTION PICTURES, INC.
<br />DATMAY 1 0I PUBLIC PERFORMANCE LICENSING AGREEMENT
<br />o.sr) FOR CORRECTIONAL INSTITUTIONS
<br />C��„��, �This AGREEMENT Is made on this 4rh day of November, 2014, between Cit of Santa. Ana
<br />� '"" ("Licensee" herein) and SWANK MWO!N PICTUR_ff§ TM , ("Swank" heremy, a ssouri
<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 heroin.
<br />t P'
<br />A— The term of this Agreement shall commence oil 2015 and continue through
<br />f4 0, 1 h"1 J� 3�, after which day it shall expire ui1 ess renewed or renegotiated by mutual
<br />4" r" agreement of the 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
<br />facility on the terms and conditions set forth herein. New facilitiesadded 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 Aw
<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 Lyne Cinema, Pieturehouse, 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` JIJ,00,00,
<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 nontheatrical 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 DVI)s distributed by Swank to license the
<br />"DVDs" to others for nontheatrical public performance purposes.
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