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Exhibit 10.58
[COLUMBIA TRISTAR HOME VIDEO LETTERHEAD]
10/30/98
Don Gold
Xxxxxx Entertainment
0000 Xxxxxx xx xxx Xxxxx
Xxxxx 0000
Xxx Xxxxxxx, XX 00000
Fax #: 000-000-0000
Re: Xxxx Xxxx'x Great Easter Adventure
Dear Xxx:
The following shall set forth the terms by which Columbia TriStar Home Video,
Inc. ("CTHV") has agreed to acquire video distribution rights from Xxxxxx
Entertainment, Inc. ("Licensor") to the program currently entitled "Xxxx Xxxx'x
Great Easter Adventure."
1. Program: A feature length motion picture entitled "Xxxx Xxxx'x Great Easter
Adventure" (the "Program"). The Program shall be no less than eighty-five (85)
minutes in length and shall have an MPAA rating no more restrictive than "PG."
2. Rights Granted: Licensor hereby grants to CTHV the sole and exclusive
videogram distribution rights ("Videogram Rights"), in all language versions,
to the Program in the Territory throughout the Term ("Rights Granted").
Videogram Rights shall be defined as the sole and exclusive right to
manufacture, advertise, promote and distribute on a sale, lease or rental basis
on its own or through licensees, videocassettes, cartridges, phonograms, tapes,
videodiscs, laserdiscs, digital videodiscs ("DVDs"), 8mm recordings (in
whatever form), or any other visual or optical recording (including, but not
limited to, DVD-ROM, CD-I and CD ROM that display the Program in a linear
format as a continuous Program) now known or hereafter discovered containing
all language versions of the Program for home use by consumers and the right to
exploit the Program by means of "Video-On-Demand" ("Videograms").
"Video-On-Demand" shall mean the transmission of a selected video program from
a central video library via a television system where reception of said video
program at a viewing time selected by the viewer is available only upon payment
of a charge therefor, which charge is in addition to any
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its own expense, but not more than once annually, audit the applicable records
to verify earnings statements rendered hereunder. Any such audit shall be
conducted within eighteen (18) months from and after the date of mailing of
such statement.
Licensor agrees to enter into a long form agreement with CTHV containing CTHV's
standard terms and conditions. Until such long form agreement is executed, this
document shall serve as a binding agreement between the parties. If the
foregoing is your understanding of our agreement, kindly so indicate by signing
in the space provided below.
Best regards,
/s/ XXXXX XXXXXX
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Xxxxx Xxxxxx
AGREED TO AND ACCEPTED:
XXXXXX ENTERTAINMENT, INC.
By: XXXXXXX XXXXXX
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Title: Vice President
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