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p A,op?,> LPUBLIC PERFORMANCE LICENSING AGREEMENT
APR 1 0 2L FOR CORRECTIONAL INSTITUTIONS N-2013-033
This AGREEMENT Is made on this 7th day of December 2012, between CITY OF SANTA ANA ("Licensee"
herein) and SWANK MOTION,PICTURES, INC. ("Swank" herein), a Missouri corporation.
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 January 1, 2013 and continue through December
31. 2013; 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 Warner Bros, Allied Artists, Fine Line Features, Lorimar
Productions, New Line Cinema, Picturehouse, RKO Films, The Ladd Company, Turner Pictures,
Warner Independent Pictures, Warner Premier, Paramount Pictures, Paramount Vantage, Republic
Pictures, MGM/UA, American International, Orion, United Artists, Lions Gate Films, Trimark,
DreamWorks, Sony Pictures, Columbia Pictures, Epic Productions, Tristar Pictures, Triumph Films,,
NBC Universal Pictures, Polygram, Focus Features, Gramercy, October Films, USA Films, The -
Weinstein Company, Buena Vista Distribution, Hollywood Pictures, M'iramax, Touchstone Pictures
and Walt Disney 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, CITY `OF SANTA ANA shall pay swank a License Fee of $1° 2p.000
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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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.
10795 Watson Road
St. Louis, Missouri 63127-1012
Attn: John Kersting
Senior Account Executive
If to Licensee:
CITY OF SANTA ANA
P. 0. Box 1981, 60 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.
Name Kevin O'Rourke
Interim City Manager
EXHIBIT A
LOCATION:
CITY OF SANTA ANA
SANTA ANA, CALIFORNIA 92707
ATTEST
"ARIA ZAR
?i ERK OF THE COUNCIL
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12.12
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CITY OF SANTA A
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