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<br />provided with administrative leave pay pending an investigation, Clerk of the Council shall be <br />required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense <br />of Clerk of the Council (which would be in its sole discretion, as it is generally not obligated to <br />pay for a criminal defense), Clerk of the Council shall be required to fully reimburse City such <br />amounts paid; and (3) if this Agreement is terminated, any Severance Pay and Severance <br />Benefits related to the termination that Clerk of the Council may receive from City shall be fully <br />reimbursed to City or void if not yet paid to Clerk of the Council. For purposes of this Section, <br />abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, <br />and violation of the law under color of authority; or (2) a crime against public justice, including, <br />but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the <br />Penal Code. <br /> <br />7. Notices. <br /> <br />Any notice required or permitted by this Agreement shall be in writing and shall <br />be personally served upon the other Party, or sent by United States Postal Service, postage <br />prepaid and addressed to the appropriate Party as follows: <br /> <br />If to City: <br /> <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br /> <br />If to Clerk of the Council: Maria D. Huizar <br />Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92702 <br /> <br />Notice shall be deemed given as of the date of personal service or upon the date of <br />deposit in the course of transmission with the United States Postal Service. <br /> <br />8. Duties, Acceptance of Appointment, Hours of Work, Regional <br />Liaison. <br /> <br />8.1 Duties <br /> <br />City hereby agrees to employ Employee as Clerk of the Council of the City of <br />Santa Ana to perform the functions and duties specified in the City Charter of the City of Santa <br />Ana, and to perform such other legally permissible duties and functions as the City Council may <br />from time to time assign. <br /> <br />45635.01000\7] 18043.4 <br /> <br />4 <br />