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<br />5.38 <br />Page 7 <br /> <br />F. Employee may choose to resign his office instead of being <br />terminated if a decision by the City Council to terminate has <br />been made in closed session; provided, however, that the <br />financial implications of any such resignation shall be <br />governed by Subsections 6(A), (8) or (C), whichever is <br />applicable. <br /> <br />7. Subject to Cal. Government Code S S 825-825.6 and any other applicable <br />law, the City Council shall defend, hold harmless, and indemnify <br />Employee against any tort, professional liability claim, or demand, or civil <br />rights or other legal action, arising out of any act, event or omission <br />occurring in the performance of Employee's professional duties as City <br />Manager. <br /> <br />8. The City Council agrees to budget for and pay the professional dues, <br />subscriptions, courses, institutes, seminars and travel expenses of <br />Employee for participation in professional activities required by law. To <br />the extent provided for in the City's annual budget, the City Council <br />encourages Employee to attain positions of leadership in national. state, <br />regional and local associations and organizations relevant to his <br />profession, and subject to budgetary limitations imposed by the City <br />Council, the City Council agrees to pay for travel and subsistence <br />expenses necessary to discharge his official duties for such associations <br />and organizations. <br /> <br />9. This Agreement reflects the complete Agreement between the parties <br />pertaining to the employment of Employee by the City and supersedes <br />any and all prior and contemporaneous agreements, representations, <br />promises and understandings of the parties, whether oral or in writing. <br />This Agreement shall be binding upon and inure to the benefit of the heirs <br />of the Employee. <br /> <br />10. If any provision or portion of this Agreement is held unconstitutional, <br />invalid or unenforceable, the remainder of the Agreement or any portion <br />thereof shall not be affected and shall remain in fill force and effect. <br /> <br />11. Any rule of construction to the effect that ambiguities are to be resolved <br />against the drafting party shall not apply in the interpretation of this <br />Agreement or any amendment or exhibits hereto. <br /> <br />/II <br /> <br />11/ <br /> <br />/II <br /> <br />Atty/Agr/2008.035 <br />052108 <br /> <br />4 <br />