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Except as otherwise provided in this Agreement, City Manager shall be entitled to <br />the highest level of benefits that are enjoyed by other appointed officials, appointed employees, <br />department heads, or general employees of the City as provided in the Charter, Municipal Code, <br />Personnel Rules and regulations, or by practice. <br />12. Communications in the Event of Termination <br />12.1 In the event the City terminates Employee for any reason or no <br />reason, the City and Employee agree that no member of the City Council or employees <br />directly employed by the City Council shall make any written, oral, or electronic statement to <br />any member of the public, the press, or any city employee concerning the Employee's <br />termination except in the form of a joint press release or statement, which is mutually <br />agreeable to the City and the Employee. The joint press release or statement shall not <br />contain any text or information that is disparaging to either Party. Either Party may verbally <br />repeat the substance of the joint press release or statement in response to any inquiry. <br />13. Indemnification <br />13.1 City shall defend, hold harmless and indemnify City Manager against any <br />tort, professional liability claim or demand or other legal action, whether groundless or <br />otherwise, arising out of any alleged act or omission occurring in the performance of City <br />Manager's duties or resulting from the exercise of his judgment or discretion in connection with <br />the performance of his duties, unless the act or omission involved unlawful conduct. City shall <br />not unreasonably refuse to provide for legal representation at City's expense. Legal <br />representation, provided by City for City Manager, shall extend until a final determination of the <br />legal action including any and all losses, damages, judgments, interests, settlements, fines, court <br />costs, and the reasonable costs and expenses of legal proceedings, including appeals, and <br />including attorneys' fees, and expert witness fees and all other trial and appellate costs, and other <br />liabilities incurred, imposed upon, or suffered by such City Manager in connection with or <br />resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in <br />connection with the performance of City Manager's duties. <br />13.2 City agrees to pay all reasonable litigation expenses of City Manager <br />throughout pendency of any City-related litigation to which City Manager is a party, witness or <br />advisor to the City. Such expense payments shall continue beyond City Manager's employment <br />with the City as long as litigation is pending. Post-employment, City agrees to pay City Manager <br />for reasonable consulting fees, travel expenses and other costs, when City Manager serves as a <br />witness, advisor or consultant to City regarding pending litigation. <br />[SIGNATURES ON FOLLOWING PAGE] <br />45635.01000\7118043.4 g <br />