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J. The City Council's decision to terminate Employee's employment shall be <br />made in closed session and disclosed according to law. <br />5. INDEMNIFICATION <br />A. City shall defend, save harmless, and indemnify Employee against any tort, <br />professional liability claim or demand or other legal action, whether groundless <br />or otherwise, arising out of an alleged act or omission occurring in the <br />performance of Employee's duties as City Clerk. City may compromise and <br />settle any such claim or suit and the amount of any settlement or judgment <br />rendered thereon. Said indemnification shall extend beyond termination of <br />employment, and the expiration of this Agreement, to provide full and complete <br />protection to Employee as described herein, for any acts undertaken or <br />committed in Employee's capacity as City Clerk, regardless of whether the <br />notice of filing of a lawsuit for such tort, claim, demand, or other legal action <br />occurs during or following Employee's employment with City as City Clerk. <br />Notwithstanding the foregoing, such indemnification shall be limited as set <br />forth below. <br />B. For the purposes of this Agreement, "abuse of office or position" shall be <br />defined as in 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 <br />53243.2, the following limitations apply to City's obligations to Employee: <br />i) In the event Employee is placed on paid leave pending an investigation, <br />Employee shall reimburse such pay to City if he is subsequently convicted <br />of a crime that constitutes "abuse of office or position." <br />ii) In the event City pays for Employee's legal criminal defense, he shall fully <br />reimburse such funds to the City if he is subsequently convicted of a crime <br />that constitutes "abuse of office or position." <br />iii) If this contract is terminated, any cash settlement related to the termination <br />that Employee may receive from City must be full reimbursed to City if he <br />is subsequently convicted of a crime that constitutes "abuse of office or <br />position." <br />NOTICES. <br />Any notices required by this Agreement shall be in writing and either given in <br />person or by first 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 />REV: 06-07-17 VR <br />Page 5 of 7 <br />