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(c) Failure to follow a lawful directive of the Council after written notice of said failure is <br />provided to City Manager approved by five (5) or more affirmative notes of its seven (7) members. <br />(d) Continued abuse of drugs or alcohol that materially affects the performance of the City <br />Manager's duties. <br />(e) Repeated and protracted unexcused absences from the City Manager's office and duties. <br />10. General Provisions. <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 />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 promise <br />not contained in this Agreement shall not be valid or binding on either Party. <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 />10.4 This Agreement shall be governed by and construed in accordance with the <br />law of the State of California. <br />10.5 This Agreement shall be construed as a whole, according to its fair meaning, <br />and not in favor or against any Party. By way of example and not in limitation, this Agreement <br />shall not be construed in favor of the Party receiving a benefit nor against the Party responsible for <br />any particular language in this Agreement. <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 />10.7 This Amended and Restated Agreement may be executed in duplicate <br />originals, each of which is deemed to be an original, but when taken together shall constitute but <br />one of the same instrument. <br />11. Intentionally Left Blank <br />55394.00000 \8170424.1 <br />