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f. Abuse of Office. Pursuant to Government Code sections <br /> 53243 et seq., if Nunez is convicted of a crime involving an abuse of his office or position, <br /> as defined below, all of the following shall apply upon final conviction: (1) if Nunez is <br /> provided with administrative leave pay pending an investigation, he shall be required to <br /> fully reimburse such amounts paid; (2) if the City, in its discretion, pays for the criminal <br /> legal defense of Nunez, in his official capacity, Nunez shall be required to fully reimburse <br /> such amounts paid; and (3) if this Agreement is terminated, any cash settlement related <br /> to the termination that Nunez may receive from the City shall be fully reimbursed to City. <br /> For purposes of this Section, "abuse of office or position" means either: (1) an abuse of <br /> public authority, including waste, fraud, and violation of the law under color of authority <br /> as those crimes are specifically defined under specific provision of California statute; or <br /> (2) a crime against public justice, including a crime described in Title 7 commencing with <br /> section 92 of the Penal Code or as specifically defined under separate provision of <br /> California statute. <br /> g. Public Communications. The City and Nunez agree that <br /> neither the City nor Nunez, shall make any written, oral or electronic statement to any <br /> member of the public, the press, or any City employee concerning Nunez's separation <br /> from the City, except in the form of a joint press release, the content of which is mutually <br /> agreeable to the City and Nunez. Consent of either Party to such joint press release shall <br /> not unreasonably be withheld. Either party may verbally repeat the substance of the joint <br /> press release or statement in response to any inquiry. This Section 3.q shall not apply in <br /> the event of a For Cause Termination. <br /> h. Survival. This Section will survive termination of the <br /> Agreement. <br /> 4. Revolving Door. Nunez must comply with Government Code <br /> Section 87406.3 for a period of one year after separating from service with City. This <br /> Section will survive termination of this Agreement. <br /> 5. Compensation. <br /> a. Base Satan'. The City agrees to pay Nunez for the services <br /> required by this Agreement a base annual salary of three-hundred and fifteen-thousand <br /> Dollars ($315,000.00), payable in equal installments at the same time as other employees <br /> 55394.00000\42495009.1 <br />