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55394.00000\42495009.1 <br /> <br />remuneration, except health benefits which will be continued, at the same level of City <br />contribution provided Department head level employees (and at the same coverage <br />election as at the time of termination), for the same period as the severance or until Nuñez <br />begins other employment, whichever occurs first. To receive Severance, Nuñez must <br />execute and deliver to the City a Settlement Agreement and General Release, in a form <br />satisfactory to the City, within twenty-one (21) days of the date of notice of the At Will <br />Termination and given by at least two-thirds (⅔) membership of the City Council. In the <br />event Nuñez elects not to sign the Settlement Agreement and General Release, Nuñez <br />will not be entitled to Severance. The term At Will Termination shall include Nuñez’s <br />resignation, but only if it is preceded by a formal request by at least two-thirds (⅔) of the <br />of the membership of the City Council that he resign and is outside of the termination <br />period specified in Section 2.b. The term At Will Termination does not include any of the <br />following circumstances, for which Nuñez will not be entitled to Severance: (1) his <br />employment is terminated by the Council at any time for cause (i.e., a For Cause <br />Termination); (2) Nuñez resigns or retires, except for a resignation as referenced in the <br />immediately preceding sentence; (3) in the event of death, or due to a medical condition <br />or disability, even with reasonable accommodations, Nuñez cannot perform the essential <br />functions of the employment position; or (4) his Agreement is not renewed and Nuñez <br />has received notice of non-renewal at least six (6) months’ prior to the expiration of the <br />Term, per Section 2.b. <br />e. Effect of Payment of Severance/Release. <br />i. It is understood and agreed by the Parties that Nuñez <br />is employed at will, and that upon commencement of the City’s payment of Severance to <br />Nuñez, any right of Nuñez to continued employment with City is terminated. The promise <br />and tender of payment to Nuñez, of any Severance payable herein, is in lieu of any <br />damages which Nuñez might claim arising out of the At Will Termination of the <br />employment relationship between the Parties, including lost wages, breach of contract, <br />express or implied, breach of covenant of good faith and fair dealing, emotional distress <br />and anxiety, or any similar contractual and personal injury claims. <br />ii. This Section does not otherwise affect, waive, nor <br />release any other rights Nuñez may have under this Agreement or applicable law.