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9.4 Reduction of Salary or Benefits If the City Council reduces the Annual Base Salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of base salary for all executive managers of the City, such action shall constitute a termination of this Agreement. 9.5 Resignation City Manager may voluntarily resign his position as City Manager, after giving City at least sixty (60) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council. In the event the City Manager resigns from his employment with City, the City Manager shall not be entitled to any Severance Pay. 9.6 Severance In the event this Agreement is terminated pursuant to any one of sections 9.2, 9.3 or 9.4 of this Agreement, the City Manager shall receive a severance payment, in a lump sum, equal to twelve (12) months of City Manager's then monthly Base Salary and benefits ("Severance Pay") in accordance with the provisions of this Agreement. A Severance Pay payment shall be City Manager's sole remedy for termination under sections 9.2, 9.3 or 9.4 of this Agreement. The Severance Pay shall be paid after the City Manager executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit "A" of to this Agreement. 9.7 Termination in Proximity to an Election The City Council shall not issue notice of termination, unless it is a notice of termination for cause pursuant to section 9.8 herein, or reduce Employee's salary or benefits or actually terminate Employee, unless for cause, during or within six months (180 days) before or after the date of a regularly scheduled municipal election at which members of City Council are elected. 9.8 Termination for Cause Notwithstanding any provision of this Agreement to the contrary, City may terminate City Manager's employment for cause at any time and without prior notice, and if City Manager is terminated for cause, City Manager shall not be entitled to payment of severance compensation or any other compensation or damages. "Cause" shall include the following reasons: (a) Conviction of a crime, whether misdemeanor or a felony, involving moral turpitude. For purposes of this paragraph, a plea of nolo contendere 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 Imowingly and unlawfully participated in a gover rental decision in which he had a conflict of interest as defined in Government Code Section 87100, et seq. or Government Code Section 1090 et 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 affects the performance of the City Manager's duties. (e) Repeated and protracted unexcused absences from the City Manager's office and duties. (f) A public or private censure by the International City Manager's Association for a violation of its ethical standards. 5