CAVAZOS, DAVID - 2ND AMEND - 2015

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For purposes of this paragraph, aplea of 11010 rantendere shall also be considered a conviction. (b) City Manager is determined by a court of competent jurisdiction or the State of California Fair Political Practices Commission to have knowingly and unlev&ly participated in a governmental decision in which he had a conflict of interest as do fined in Government Cade Section 87100, at seq. or Government Code Section 1090 er seq. (c) Failure to follow a lawful directive of the Council after written notice of said failure is provided to City Manager approved by five (5) or more affirmative notes of its seven (7) members. (d) Continued abuse of drugs or alcohol that materially affeots the performance of the City Manager's duties. (e) Repeated and protracted anexcased absences from the City Manager's office and duties. 10. General Provisions; 10.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. 10.2 Each Party agrees and acknowledges that no representations, inducements, proases, Or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding an either Party. 103 if any provision, or portion thereof, eontafncd in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shalt not be affected and shall retrain in full force and effect. 10.4 This Agreement shalt be governed by and construed in accordance with the law of the State of California, 10.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the Party receiving a bereft nor against the Party responsible for any particular language in this Agreement. 10.6 Employee acknowledges that he has had an opportunity to consult legal counsel in regard to this Agreement, that he has read and understands this Agreement, that he is fully aware of Its legal effect, and that he has entered into it freely and voluntarily and based on his own judgment and not on any representations or promises other than those contained in this 45635- QT000171 I&D45.4