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B. For the purposes of this Agreement, "abuse of office or position" shall <br />be defined as in California Government Code Section 53243.4. <br />C. Notwithstanding any other provision in this Agreement and in <br />accordance with California Government Code Sections 3511.1, 3511.2, <br />53243, 53243.1 and 53243.2, the following limitations apply to City's <br />obligations to Employee: <br />i) In the event Employee is placed on paid leave pending an <br />investigation, Employee shall reimburse such pay to City if she is <br />subsequently convicted of a crime that constitutes "abuse of office <br />or position." <br />ii) In the event City pays for Employee's legal criminal defense, she <br />shall fully reimburse such funds to the City if she is subsequently <br />convicted of a crime that constitutes "abuse of office or position." <br />iii) If this contract is terminated, any cash settlement related to the <br />termination that Employee may receive from City must be full <br />reimbursed to City if she is subsequently convicted of a crime that <br />constitutes "abuse of office or position." <br />3. Effect of Amendment. Except to the extent the Agreement is modified by this First <br />Amendment, the remaining terms and provisions of the Agreement shall remain <br />unmodified and in full force and effect. <br />4. Counteraarts. This First Amendment may be executed in counterparts, each of which <br />shall be deemed an original, but all of which together shall constitute one and the same <br />First Amendment. <br />[Signature Page Follows] <br />ATfY/AGR/EMPLOYMENT AGREEMENT/FIRST AM ENDM ENT CITY ATTORNEY — RAMIREZ <br />REV: 11-02-17 MI <br />Page 3 of 4 <br />