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<br /> <br />Interim City Manager Agreement <br />4 <br />4. Termination. <br /> <br />4.1 By City. This Agreement may be terminated by City for any reason thirty (30) days <br />after providing written notice to Retiree of such termination. City’s only obligation in the event <br />of such termination will be payment to Retiree of all compensation then due and owing as set forth <br />in Section 2.1 [Rate of Pay] up to and including the effective date of termination. However, this <br />Agreement may be terminated immediately if necessitated by changes to CalPERS statutory or <br />regulatory requirements, or if doing so will preclude a violation of Government Code Sections <br />7522.56 or 21221(h). <br /> <br />4.2 By Retiree. This Agreement may be terminated by Retiree for any reason thirty <br />(30) days after providing written notice to City of such termination. City shall have the option, in <br />its complete discretion, to make Retiree’s termination effective at any time prior to the end of such <br />period, provided City pays Retiree all compensation as set forth in Section 2.1 [Rate of Pay] then <br />due and owing him through the last day actually worked. <br /> <br />4.3 No Notice for Expiration. Nothing in this Section 4 [Termination] shall be <br />construed to require either party to give advance written notice in order for the Agreement to expire <br />as set forth in Section 1.2 [Term]. <br /> <br />4.4 Termination Obligations. Retiree agrees that all property, including, without <br />limitation, all equipment, tangible Proprietary Information (as defined below), documents, records, <br />notes, contracts, and computer-generated materials furnished to or prepared by him incident to his <br />employment belongs to City and shall be returned promptly to City upon termination of Retiree’s <br />employment. Retiree’s obligations under this subsection shall survive the termination of his <br />employment and the expiration of this Agreement. <br /> <br />5. Confidential Information. <br /> <br />“Confidential Information” shall include, but not be limited to, all information or material <br />that Retiree learns of or obtains during his employment with City as Interim City Manager that is <br />or was confidential or privileged by virtue of it having been discussed or presented in a duly- <br />noticed closed session meeting of the City Council, or otherwise privileged and/or confidential <br />under applicable law, including but not limited to personnel information, information pertaining <br />to on-going or potential litigation, information learned in the context of the attorney-client <br />relationship with the City Attorney or special counsel to the City. Confidential Information as <br />defined includes, but is not limited to, all data, materials, products, technology, computer <br />programs, specifications, manuals, business plans, software, marketing plans, financial <br />information, internal processes and procedures, and other information disclosed or submitted, <br />orally, in writing, or by any other media, to Retiree by City. Nothing herein shall require City to <br />disclose any of its information to Retiree. <br /> <br />During his employment with City as Interim City Manager, Retiree shall use and disclose <br />Confidential Information only for the benefit of City and as is, or may be, necessary to perform <br />his job responsibilities under this Agreement. Following the termination of this Agreement, Retiree <br />shall not use or disclose any Confidential Information, except with the express written consent of