HomeMy WebLinkAboutSWANK MOTION PICTURES 8 - 2006
12/06/2005 TUE 14:24 FAX 314 289 2192
SWANK
N-2006-005
141002
INSUR~~~KN~lyR~~~~EE~D SWANK MOTION PICTURES, INC.
CLERK or-1MllBLlC PERFORMANCE LICENSING AGREEMENT
DATE: 1-1'1~()~ FOR CORRECTIONAL INSTITUTIONS
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This AGREEMENT is made on this 2ND day of November, 2005, between SANTA ANA CITY
JAIUPOIiC~ Department ("Licensee" herein) and SWANK MOTION PICTURES, INC. ("Swank"
herein), a issouri 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, 2006 and continue
through December 31. 2006, 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
peliormance 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), October Films, USA Films, Focus Films, Metro-Goldwyn-Mayer, Un~ed Artists,
Miramax, Turner Entertainment, Paramount Pictures, RKO Films, Universal Pictures, .
Cannon, EpicNision Productions, Dreamworks/SKG, Walt Disney Pictures,
Touch!ltone Pictures, and Hollywood Pictures and Gramercy Pictures. Rentals and or
purchases of videocassette titles covered by this Agreement are at the expense of
the Licensee.
Swank will supply listings of available titles both theatrical and edited versions, as
needed. .
3. Terms
In consideration of the License, SANTA ANA CITY JAIUPolice Department shall pay
Swank a License Fee of J1,300.00, 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
..._I~~.a.___.LL_n_____.&-"'__"" ..... ..... ... ..
, .
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.
201 South Jefferson Avenue
SI. Louis, Missouri 63103
Alln: John Kersting
Senior Account Executive
If to Licensee:
SANTA ANA CITY JAIL
P.O. Box 1981
Santa Ana, California 92702
Alln: Chris Laugenour
Recreational Activities Coordinator
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.
Barbara Nelson
National Sales Manager
EXECUTED on the day and year first above written.
E. HE Y
the Council
RECOMMENDED FOR APPROVAL:
(j4lJL
PAUL M. WALTERS
Chief of police
::NTAA~tZ
Name DAVID N. REAM
Title City Manager
EXHIBIT A
LOCATION:
SANTA ANA CITY JAIL
\r"i'ROV tiU t", 1'0 [;OR1\1
62 CIVIC CENTER PLAZA
SANTA ANA. CA 92702
j(~5A Q-(' f#:. .
Lama ~1:tt S "cdy
1\"lStaal City Attoncy
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