HomeMy WebLinkAboutSWANK MOTION PICTURES 5 - 2003
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SWANK MOTION PICTURES, INC. N-2003-015
PUBLIC PERFORMANCE LICENSING AGREEMENT
FOR CORRECTIONAL INSTITUTIONS
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This AGREEMENT is made on this 25th day of November. 2002, between SANTA ANA CITY JAIL ("Licensee"
herein) and SWANK MOTION PICTURES, INC. ("Swank" herein), a Missouri 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.
B. The term of this Agreement shall commence on Januarv 1. 2003 and continue through
December 31. 2003, 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 performance in its facility
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 Swank's current and future list of available cassettes for public
performance purposes which includes titles distributed by Columbia Pictures, Triumph Films,
TriStar Pictures, Warner Bros., Orion Pictures, Home Box Office (HBO), Metro-Goldwyn-Mayer,
United Artists, Miramax, Turner Entertainment, Paramount Pictures, RKO Films, Samuel Goldwyn,
Universal Pictures, Cannon, EpicNision Productions, Dreamworks/SKG, Walt Disney Pictures,
Touchstone 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.
3. Terms
In consideration of the License, SANTA ANA CITY JAIL shall pay Swank a License Fee of $1.300.00
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 to license the
"cassettes" to others for non-theatrical public performance purposes.
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. 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
St. Louis, Missouri 63103
Attn: John Kersting
Senior Account Executive
If to Licensee:
SANTA ANA CITY JAIL
P. O. Box 1981, 62 Civic Center Plaza
Santa Ana, California 92702
Attn: Chris Laugenour
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
Missouri.
EXECUTED on the day and year first above written.
SWANK MOTION PICTURES, INC.
By
Barbara Nelson
National Sales Manager
ATTEST- _. Ie.
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Pit TRICIA E. HEALY
CLERK OF THE COUNCIL
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Name DAVID N. REAM
Title City Manager
EXHIBIT A
LOCATION:
SANTA ANA CITY JAIL
APPROVED AS TO FORM
~Vdo/
" aura Sheedy
Deputy City Attornex
SANTA ANA. CALIFORNIA 92702
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