HomeMy WebLinkAboutSWANK MOTION PICTURES 16 - 2014'4AR 2 12014
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Sara a SWANK MOTION PICTURES, INC.
Ca 's.I PUBLIC PERFORMANCE LICENSING AGREEMENT
FOR CORRECTIONAL INSTITUTIONS
This AGREEMENT is made on this 30th day of December, 2013, between City of Santa Ana
( "Licensee" herein) and SWANK M(JTIUN PICTURES, INC. ("Swank" herein), a issilli" ouri
corporation.
1. Subject Matter and Term of Agreement
A. Swank is an authorized distributor of copyrighted motion picture videocassettes and
videodisc ( "DVDs" herein) for non - theatrical public performances. Swank desires to license DVDs
to Licensee for public performance exhibition. Licensee desires to exhibit DVDs licensed from
Swank on the terms and conditions set forth herein.
The term of this Agreement shall commence on January 1, 2014 and continue through
December 31 . 2014, after which day it shall expire unless renewed or renegotiated by mutual
agreement of the parties.
2. License
Producers Posted 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 DVDs 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
DVDs 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 Premier, Warner Independent Pictures, MGM /UA,
American International, Orion, United Artists, Lions Gate Films, Trimark, 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, Summit Entertainment, Hollywood Pictures, Miramax, 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 J1 ,L60.00,
payable in one installment upon receipt of invoice.
4. Payment
Invoice is due and payable upon receipt.
8. 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 DVDs distributed by Swank to license the
"DVDs" to others for non - theatrical public performance purposes.
Page 1 of 2
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
10795 Watson Road
St. Louis, Missouri 63127
Attn: John Kersting
Institution Sales Manager
If to Licensee:
City of Santa Ana
60 Civic Center Plaza PO Box 1981
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
California.
EXECUTED on the day and year first above written.
21
Institution Sales
City of Santa Ana
By See Attached
Name
Title
EXHIBIT A
ROVED AS TO t,
i
LOCATION: ilk
Laura A. Rossini
City of Santa An �. 3tant City Attorney
Page 2 of 2 5.06
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
UI
c�sa�
MARIA HUIZAR
Clark of the Council
RECOMMENDED FOR APPROVAL:
Carlos Rojas
Acting Chief of Police
CITY OF SANTA ANA
'r_—
DAVID CA A O
City Manager