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reason this Agreement is terminated and the City provides a cash settlement, the <br /> maximum cash settlement that Employee may receive is an amount equal to the monthly <br /> salary of employee multiplied by the number of months left on the unexpired term and <br /> that even if the unexpired term is greater than eighteen (18) months, the maximum cash <br /> settlement shall be no greater than an amount equal to the monthly salary of the <br /> Employee multiplied by eighteen (18). Further, such cash settlement shall not include <br /> any noncash items except health benefits which may be provided only to the extent as <br /> set forth in California Government Code Section 53261 , or as otherwise required by <br /> law. <br /> G. Notwithstanding the foregoing, the City shall not be obligated to pay, and shall not pay, <br /> any amounts or continue any benefits, other than as required by law, if Employee is <br /> terminated because of a crime of moral turpitude or a violation of statute or law <br /> constituting misconduct in office or abuse of office or position, or if the Council <br /> determines that Employee has engaged in conduct that would harm the reputation of <br /> City. Further, City shall not be obligated to pay, and shall not pay, any amounts or <br /> continue any benefits, other than those required by law, in the event Employee <br /> voluntarily resigns without affirmative action by City to terminate Employee's <br /> employment or to initiate termination proceedings. However, the City Council's request <br /> that Employee resign shall result in an obligation to pay Employee Severance Pay. <br /> H. In the event the City Council at any time during the course of this Agreement reduces <br /> the salary or other financial benefits of all other management employees and, at the same <br /> time, reduces the salary or other financial benefits of Employee by a percentage greater <br /> than the average percentage reduction applicable to the other management employees, <br /> or in the event the City Council refuses, following written notice, to comply with any <br /> material provision herein benefiting Employee, Employee may, at her option, be deemed <br /> "terminated' at the date of such reduction or such refusal to comply, and shall be entitled <br /> to Severance Pay. <br /> I. Consideration of Employee's termination by the City Council may not occur within <br /> ninety (90) days after a General Municipal Election or Special Election wherein a new <br /> member or members are elected to the City Council. <br /> J. The City Council's decision to terminate Employee's employment shall be made in <br /> closed session and disclosed according to law. <br /> 5. INDEMNIFICATION <br /> A. City shall defend, save harmless, and indemnify Employee against any tort, professional <br /> liability claim or demand or other legal action, whether groundless or otherwise, arising <br /> out of an alleged act or omission occurring in the performance of Employee's duties as <br /> City Manager. City may compromise and settle any such claim or suit and the amount <br /> of any settlement or judgment rendered thereon. Said indemnification shall extend <br /> beyond termination of employment, and the expiration of this Agreement, to provide <br /> full and complete protection to Employee as described herein, for any acts undertaken <br /> or committed in Employee's capacity as City Manager, regardless of whether the notice <br /> ATTY/AGR/2015/MGR EMPLOYMENT <br /> REV: 08-19-15 PT <br /> Page 4 of 6 <br />