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55394.00000\42495009.1 <br /> <br />terminate “for cause,” as set forth in Section 3.c, below, does not constitute a termination <br />for purposes of this Section 3.a. <br />b. Resignation. Nothing in this Agreement shall prevent, limit, or <br />otherwise interfere with the right of Nuñez to resign from his position, subject only to <br />Nuñez providing sixty (60) days’ prior written notice to the City. Nuñez’s resignation shall <br />be deemed accepted upon delivery of a written resignation to the City Council. <br />Notwithstanding the foregoing, Nuñez hereby expresses his intent to remain as City <br />Manager for a period of not less than three (3) years from the date of execution of this <br />Agreement. <br />c. For Cause Termination. Notwithstanding the provisions of <br />Section 3.a, City may terminate this Agreement "for cause" as defined below. In the event <br />Nuñez is terminated by the City for “cause” (i.e., a “For Cause Termination”) then City <br />may terminate this Agreement immediately and Nuñez shall not be entitled to severance <br />and will only be entitled to the compe nsation accrued up to the date of such For Cause <br />Termination. For Cause Termination shall be defined for purposes of this Agreement to <br />only mean any of the following: (1) conviction of any felony; (2) conviction of a <br />misdemeanor arising directly out of the City Manager's duties pursuant to this Agreement <br />involving a willful and intentional violation of law; (3) conviction of a crime of moral <br />turpitude; (4) removal from office by the Grand Jury; (5) willful abandonment of duties; (6) <br />malfeasance; (7) gross negligence; (8) fraud; or (9) serious misconduct, substantiated <br />through an independent investigation (e.g., sexual harassment, discrimination), which <br />would constitute a violation of City policy, or state or federal law. (Conviction for purposes <br />of this Agreement includes a judgment entered after a trial, plea of guilty, or plea of nolo <br />contendere.) <br />d. Severance. In the event Nuñez is terminated by the City <br />Council at any time that Nuñez is still willing and able to perform the duties of City <br />Manager, and the termination is not a For Cause Termination (i.e., it is instead an “At Will <br />Termination”), as defined in Section 3.a, above, then, subject to the limitations set forth <br />in Government Code Section 53260, the City shall pay Nuñez a lump sum cash payment <br />settlement equal to twelve (12) months’ base pay (as defined in Section 5, below) <br />(“Severance”), exclusive of incentive or bonus pay, benefits and other non -cash