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9. Termination. <br />9.1 Severance <br />Employee shall receive six (6) months severance payment upon <br />termination without cause. All compensation due and payable shall be paid upon <br />termination. <br />9.2 At -Will Employee <br />Employee shall serve at the will and pleasure of the City Council. <br />Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of <br />the City Council to suspend from duty, remove from office or otherwise terminate the <br />services of Employee at any time, at the sole discretion of the City Council. This <br />Agreement may be terminated as follows. <br />9.3 Termination - Council Vote <br />In accordance with section 701 of the Santa Ana City Charter, the City <br />Council may remove the Employee without cause by motion adopted by five (5) <br />affirmative votes of the Mayor and members of the City Council, provided that such <br />termination shall. not occur within a period of six (6) months succeeding any swearing - <br />in of a member of the City Council following any municipal election (regular, special, <br />recall) or appointment of such City Council member. <br />9.4 Resignation <br />Employee may voluntarily resign their position as City Clerk, after giving <br />the City at least thirty (30) days written notice prior to the effective date of such <br />resignation, unless such notice is waived in whole or part by the City Council. <br />9.5 Disability. <br />In the event the Employee is permanently disabled or is otherwise unable <br />to perform his or her duties because of physical or mental incapacity for a period of six <br />(6) consecutive months, the City may terminate the Employee's employment and this <br />Agreement. Notwithstanding the above, nothing in this subsection shall be interpreted <br />to waive any obligation the City may have to provide Employee with a reasonable <br />accommodation or to engage in an interactive process with Employee to determine <br />whether a reasonable accommodation is available. <br />10. General Provisions. <br />10.1 This writing constitutes the entire agreement between the parties <br />with respect to the subject matter hereof, and supersedes all prior oral or written <br />G <br />