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of filing of a lawsuit for such tort, claim, demand, or other legal action occurs during or <br /> following Employee's employment with City as City Manager. Notwithstanding the <br /> foregoing, such indemnification shall be limited as set forth below. <br /> B. For the purposes of this Agreement, "abuse of office or position" shall be defined as in <br /> California Government Code Section 53243.4. <br /> C. Notwithstanding any other provision in this Agreement and in accordance with <br /> California Government Code Sections 3511 . 1 , 3511 .2, 53243, 53243. 1 and 53243 .2, the <br /> following limitations apply to City's obligations to Employee: <br /> i) In the event Employee is placed on paid leave pending an investigation, Employee <br /> shall reimburse such pay to City if she is subsequently convicted of a crime that <br /> constitutes "abuse of office or position." <br /> ii) In the event City pays for Employee's legal criminal defense, she shall fully <br /> reimburse such funds to the City if she is subsequently convicted of a crime that <br /> constitutes "abuse of office or position." <br /> iii) If this contract is terminated, any cash settlement related to the termination that <br /> Employee may receive from City must be full reimbursed to City if she is <br /> subsequently convicted of a crime that constitutes "abuse of office or position." <br /> 6. NOTICES. <br /> Any notices required by this Agreement shall be in writing and either given in person or by first <br /> class mail with postage prepaid and addressed as follows: <br /> TO CITY: Mayor <br /> City of Redwood City <br /> 1017 Middlefield Rd. <br /> Redwood City, CA 94063 <br /> TO EMPLOYEE: Melissa Stevenson Diaz <br /> [City to use last address in personnel file] <br /> 7. ATTORNEY'S FEES. <br /> In the event of any mediation, arbitration or litigation to enforce any of the provisions of this <br /> Agreement, each party shall bear its own attorney's fees and costs. <br /> 8. ENTIRE AGREEMENT. <br /> This Agreement is the final expression of the complete agreement of the parties with respect to <br /> the matters specified herein and supersedes all prior oral or written understandings. Except as <br /> prescribed herein, this Agreement cannot be modified except by written mutual agreement <br /> signed by the parties. <br /> ATTY/AGR/2015/MGR EMPLOYMENT <br /> REV: 08-19-15 PT <br /> Page 5 of 6 <br />