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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 Nunez to resign from his position, subject only to <br /> Nunez providing sixty (60) days' prior written notice to the City. Nunez's resignation shall <br /> be deemed accepted upon delivery of a written resignation to the City Council. <br /> Notwithstanding the foregoing, Nunez 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 /> Nunez is terminated by the City for "cause" (i.e., a "For Cause Termination") then City <br /> may terminate this Agreement immediately and Nunez shall not be entitled to severance <br /> and will only be entitled to the compensation 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 Nunez is terminated by the City <br /> Council at any time that Nunez 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 Nunez 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 <br /> 55394.00000\42495009.I <br />