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<br /> <br /> <br /> <br /> <br /> <br /> executes a waiver and release agreement prepared by the City Attorney in a form substantially <br /> similar to that one set forth as Exhibit "A" to this Agreement. <br /> Notwithstanding the foregoing, if the City Manager is terminated for Cause, as set <br /> forth in the City Charter, then City Manager shall not be permitted to elect any one of the three <br /> foregoing options and the provisions of Section 9.6 shall not apply. <br /> <br /> <br /> <br /> 10. General Provisions. <br /> <br /> 10.1 This writing constitutes the entire agreement between the parties with <br /> respect to the subject matter hereof, and supersedes all prior oral or written representations or <br /> written agreements on the subject matter hereof, which may have been entered into between the <br /> parties. No modification or revision to this Agreement shall be of any force or effect, unless the <br /> same is in writing and executed by the Parties hereto. <br /> <br /> 10.2 Each Party agrees and acknowledges that no representations, inducements, <br /> promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on <br /> behalf of any Party, which are not embodied herein and that any agreement, statement, or <br /> promise not contained in this Agreement shall not be valid or binding on either Party. <br /> <br /> 10.3 If any provision, or portion thereof, contained in the Agreement is held <br /> unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, <br /> shall be deemed severable, shall not be affected and shall remain in full force and effect. <br /> <br /> 10.4 This Agreement shall be governed by and construed in accordance with <br /> the law of the State of California. <br /> <br /> 10.5 This Agreement shall be construed as a whole, according to its fair <br /> meaning, and not in favor or against any Party. By way of example and not in limitation, this <br /> Agreement shall not be construed in favor of the Party receiving a benefit nor against the Party <br /> responsible for any particular language in this Agreement. <br /> <br /> 10.6 Employee acknowledges that he has had an opportunity to consult legal <br /> counsel in regard to this Agreement, that he has read and understands this Agreement, that he is <br /> fully aware of its legal effect, and that he has entered into it freely and voluntarily and based on <br /> his own judgment and not on any representations or promises other than those contained in this <br /> Agreement. <br /> <br /> 11. Other Terms and Conditions of Employment <br /> The City, only upon agreement with City Manager, shall fix any such other terms <br /> and conditions of employment, as it may determine from time to time, relating to the <br /> performance of the City Manager, provided such terms and conditions are not inconsistent with <br /> or in conflict with the provisions of this Agreement, the City Charter, or any other law, ordinance <br /> or City Resolution. <br /> <br /> <br /> 45635.01000\7118043.4 5 0A-,/ <br />