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22.3.4 The performance of an act in other than his/her capacity as a City employee, which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of the City or any of its officers or employees; 22.3.5 Such time demands as would render performance of his/her duties as a City employee less efficient. 22.4 Any unit member who is determined to have engaged in an activity prohibited by or in violation of this Article 22 shall be subject to disciplinary action including, without limitation, suspension or termination. The unit member shall receive notice of the proposed discipline and shall have the right to appeal through the Grievance Procedure contained in this Memorandum. ARTICLE 23 SEPARABILITY OF PROVISIONS 23.1 Should any section, clause or provision of this Memorandum of Understanding be declared illegal by a final judgment of a court of competent jurisdiction, the judgment shall not invalidate the remaining portions of the Memorandum of Understanding, which shall remain in full force and effect for the duration of this agreement. 23.2 If the judgment of a court of competent jurisdiction invalidates any portion of this agreement, the parties agree to meet and confer concerning substitute provisions for those rendered or declared illegal. ARTICLE 24 TERM 24.1 This Memorandum of Understanding, and any amendments to the rules and regulations and salary ordinance provisions enacted pursuant thereto; and, as reflected in this Memorandum of Understanding shall remain in effect for those employees employed in those classifications which comprise the Management Unit for the period October 1, 2001, and including September 30, 2004. 24.2 The terms of this Agreement and its side letters shall be effective upon the adoption of this Agreement by the City Council except as otherwise provided by specific sections of this Agreement.