HomeMy WebLinkAboutSWANK MOTION PICTURES 17 - 2015INSURANCt NOi REQUIRED
WORK MAY PROCEED N-2015-067
CLERK OfCOUNCIL SWANK MOTION PICTURES, INC.
DATMAY 1 0I PUBLIC PERFORMANCE LICENSING AGREEMENT
o.sr) FOR CORRECTIONAL INSTITUTIONS
C��„��, �This AGREEMENT Is made on this 4rh day of November, 2014, between Cit of Santa. Ana
� '"" ("Licensee" herein) and SWANK MWO!N PICTUR_ff§ TM , ("Swank" heremy, a ssouri
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 heroin.
t P'
A— The term of this Agreement shall commence oil 2015 and continue through
f4 0, 1 h"1 J� 3�, after which day it shall expire ui1 ess renewed or renegotiated by mutual
4" r" 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 facilitiesadded 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 Aw
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 Lyne Cinema, Pieturehouse, 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` JIJ,00,00,
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 nontheatrical 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 DVI)s distributed by Swank to license the
"DVDs" to others for nontheatrical public performance purposes.
Page 1 of 2
SWANK MOTION PICTURES, INC,
PUBLIC PERFORMANCE LICENSING AGREEMENT
contlnuad
7. Notices
All notices to be given hereunder shall be In writing or delivered personally or mailed by prepaid
certified or registered mail (return receipt requested) as follows:
If to Swank:
SWANK MOTION PICTURES INC
10795 Watson Road
5t, Louis, Missouri 63127
Attn: John Kersting
Institution Safes Manager
If to Licensee:
City of Santa Ana
P.O. Box 9981, 60 Civic Center Paz@
Santa Ana, California 92702
Attn: AnnMatuiln
Jail Administrator
or to such rather 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 taws of the State of
California.
EXECUTED on the day and year firstabovewritten.
EXHI'BIT'A
LOCATION:
City of Santa Ana
Santa Ana, California 92702
City of Santa An
gy Please See Next Page
Title
N'O lED A5 TO PURIM
:r7AZ Ttosslrol
r !slant City Attorney
Page 2'of 2 1'2,14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
X4 MARIA D. HUIZAR
Clerk of the Council
FOR APPROVAL:
Chief of Police
CITY OF SANTA ANA
DAVID CA AZOS
City Manager