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<br />5.38 <br />Page 5 <br /> <br />A. Nothing in this document shall prevent, limit or otherwise <br />interfere with Employee's right to resign at any time from his <br />position with City, subject to the provisions of Section 6. <br /> <br />B. The City Council desires that Employee remain in the <br />exclusive employ of the City and to neither accept other <br />employment nor to become employed by any other employer <br />prior to such time. The term "employed" shall not be <br />construed to include occasional teaching or writing, <br />performed on the Employee's personal time. <br /> <br />6. At any time Employee may resign from his employment as City Manager <br />upon 30 days advance written notice to the City Council. <br /> <br />A. At any time and notwithstanding the above to the contrary, <br />the City Council may, without cause, terminate Employee's <br />employment as City Manager upon thirty (30) days advance, <br />written notice to the Employee, provided that: <br /> <br />1. If Employee is terminated without cause, he shall be <br />entitled to be paid six (6) months of the base salary <br />("severance pay") at the rate he is earning upon the <br />effective date of his termination, payable over the <br />immediately following six (6) month period at the <br />same time other management employees are paid <br />their salary, with all mandatory deductions being <br />withheld. In addition, upon the effective date of <br />Employee's termination pursuant to Section 6(B) or as <br />otherwise specified in Exhibit A, at City's option, he <br />shall be paid the value of accrued benefits as though <br />he were a non- retiring, separating employee. <br /> <br />B. With thirty (30) days advance written notice, Employee's <br />employment may be terminated for any of the reasons stated <br />below. If Employee is terminated for any of the causes <br />specified below, he shall not be entitled to severance pay: <br /> <br />1. <br /> <br />Intentional or willful failure to perform his lawful duties <br />as prescribed in the City's Charter, Municipal Code <br />and regulations or as assigned to him by a majority of <br />the Council; <br /> <br />2. <br /> <br />his death; <br /> <br />3. <br /> <br />his incapacity or inability to perform his essential <br />duties due to physical or mental disabilities; <br /> <br />Atryl Agr/2008.035 <br />052108 <br /> <br />2 <br />