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For purposes of this paragraph, aplea of 11010 rantendere shall also be considered a conviction. <br />(b) City Manager is determined by a court of competent jurisdiction or the <br />State of California Fair Political Practices Commission to have knowingly and unlev&ly <br />participated in a governmental decision in which he had a conflict of interest as do fined in <br />Government Cade Section 87100, at seq. or Government Code Section 1090 er seq. <br />(c) Failure to follow a lawful directive of the Council after written notice of <br />said failure is provided to City Manager approved by five (5) or more affirmative notes of its <br />seven (7) members. <br />(d) Continued abuse of drugs or alcohol that materially affeots the <br />performance of the City Manager's duties. <br />(e) Repeated and protracted anexcased absences from the City Manager's office <br />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 />proases, 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 an either Party. <br />103 if any provision, or portion thereof, eontafncd in the Agreement is held <br />unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, <br />shall be deemed severable, shalt not be affected and shall retrain in full force and effect. <br />10.4 This Agreement shalt be governed by and construed in accordance with <br />the law of the State of California, <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 bereft nor against the Party <br />responsible for 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 />45635- QT000171 I&D45.4 <br />